Madras High CourtCRL OP(MD)/22848/2025disposed of

Aravind Kumar v. State Of Tamilnadu Rep By Inspector Of Police, Aruppukottai Town

2025-12-12Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.22848 of 2025 and Crl.M.P(MD).Nos.19787 and 19788 of 2025 Aravind Kumar ... Petitioner/Sole Accused Vs.

State rep. ,by The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

Crime NO.179 of 2022 ... Respondent Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records of proceedings of STC.No.416 of 2025 filed under Section 8(c) and 20(b)(II)(A) of NDPS (Narcotic Drugs and Psychotropic Substance) Act, 1985 against the petitioner, on the file of the Judicial Magistrate Court, Aruppukottai, Virudhunagar District quash the same.

For Petitioner : Mr.R.Murugappan For Respondent : Mr.M.Sakthikumar Government Advocate (Crl. side) 1/4

ORDER

Seeking to call for the records pertaining to the case in STC.No. 416 of 2025 on the file of the learned Judicial Magistrate, Aruppukottai, Virudhunagar, this Criminal Original Petition is filed.

2. Mr.R.Murugappan, learned counsel for the petitioner, categorically contended that the valid offence is that the petitioner was in possession of 120 gms of ganja. However, the prosecution has failed to examine even a simple independent witness. In the absence of the same, the case should go.

3. Mr.M.Sakthi Kumar, learned Government Advocate (Crl.side), appearing for the respondent, on instructions, submitted that the crucial question is not the availability of an independent witness, but the possession of the contraband by the accused.

4. Heard the learned counsel on either side and carefully perused the materials available on record.

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5. Considering the submissions made, this Court is of the view that the absence of independent witness is not a bar to initiate action against any person, who is in possession of contraband. If at all the petitioner is innocent, that would be tested before the trial Court and he will be given an appropriate relief. Directing the petitioner's counsel to take this as a defence before the learned trial Court that no independent witness was examined and no rough sketch was also filed before the trial Court, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. 12.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Rmk To 1.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

2 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

Rmk CRL OP(MD)No.22848 of 2025 12.12.2025 4/4