Madras High Court
Madhan Kumar vs State on 19 September, 2022
Crl.O.P.No. 19542 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No. 19542 of 2022
Madhan Kumar ... Petitioner
Vs
State, Rep by
Inspector of Police,
V4, Rajamangalam Police Station,
Chennai.
(Crime No.931 of 2021) ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to set aside the order passed in Crl.M.P.No.3659 of 2022 dated
04.08.2022 on the file of the Principal Special Court under EC and
NDPS Act at Chennai.
For Petitioner : Mr.M.S.Ramesh
For Respondent : Mr.E.Raj Thilak
Additional Public Prosecutor
Page 1 of 8
https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 19542 of 2022
ORDER
This Criminal Original Petition has been filed to set aside the
order dated 04.08.2022 passed in Crl.M.P.No.3659 of 2022 on the file of
the Principal Special Court under EC and NDPS Act at Chennai.
2. Heard, Mr.M.S.Ramesh, learned counsel appearing for the
petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor
appearing for the respondent and perused the materials available on
record.
3. The petitioner is an accused in Crime No.931 of 2021 for the
offence under Section 22(C) of NDPS Act on the file of the respondent.
The petitioner was arrested and remanded to judicial custody on
16.12.2021, in pursuant to the registration of the FIR in Crime No.931 of
2021. After completion of 180 days on 14.06.2022, the petitioner filed a
petition in Crl.M.P.No.2785 of 2022 seeking mandatory bail as
contemplated under Section 167(2) of Cr.P.C before the Principal Special
Judge for EC and NDPS Act, Chennai and it was dismissed on
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Crl.O.P.No. 19542 of 2022
22.06.2022 on the ground that already the prosecution filed a petition
seeking extension of time for completion of investigation and the same
was allowed and extended time for 60 days as contemplated under
Section 36A(4) of NDPS Act. The petitioner filed second application for
bail on the very same ground in Crl.M.P.No.3655 of 2022 on 02.08.2022.
However, the respondent, even after extension of time to complete the
investigation, failed to complete the investigation and not filed a final
report. Even as early as on 29.07.2022, i.e., 56th day, before the
completion of previous extension in which already extended, the
respondent filed under Section 36A(4) of NDPS Act for further extension
of time. After filing the petition for default bail, the said application was
numbered in Crl.M.P.No.3655 of 2022 and both were heard on the same
day, after notice to the petitioner. Both the petitions were argued and the
Court below dismissed the petition for default bail and extended the time
for another 90 days for completion of investigation. Thereafter, the
respondent completed the investigation and filed final report and the
same has been taken cognizance in C.C.No.190 of 2022.
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Crl.O.P.No. 19542 of 2022
4. The learned counsel appearing for the petitioner raised the
ground that the respondent already filed a petition for extension of time
and the same has not even numbered and without ordering notice to the
petitioner, the same was allowed, thereby extended the time for 60 days
for completion of investigation. Again, the respondent filed a petition for
extension of time, in which the petitioner was not issued any notice and
he was not heard.
5. In support of his contention, he relied upon the Judgment of the
Hon'ble Supreme Court of India reported in (2011) 1 SCC (Crl) 1099 in
the case of Sanjay Kumar Kedia Alias Sanjay Kedia Vs. Intelligence
Officer, Narcotics Control Bureau and another. The Hon'ble Supreme
Court of India held as follows :
“12. The maximum period of 90 days fixed under
Section 167(2) of the Code of Criminal Procedure has been
increased to 180 days for several categories of offences
under the Act but the proviso authorises a yet further period
of detention which may in total go up to one year, provided
the stringent conditions provided therein are satisfied and
are complied with.
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Crl.O.P.No. 19542 of 2022
The conditions provided are
(i) a report of the Public Prosecutor
(ii) which indicates the progress of the investigation
(iii) specifies the compelling reasons for seeking the
detention of the accused beyond the period of 180 days and
(iv) after notice to the accused.”
6. In the case on hand, it is seen that though the application for
extension of time was allowed, without even numbering and without
ordering notice to the petitioner, the respondent failed to file a final
report within stipulated time. However, again the respondent filed a
petition in Crl.M.P.No.3659 of 2022 on 29.07.2022 itself i.e., on 56 th day
for extension of time to complete the investigation. However, it was not
numbered on that day. On receipt of the application filed under Section
167(2) of Cr.P.C for default bail, both the petitions were numbered
simultaneously and both were heard by the Trial Court. Therefore, the
petitioner had knowledge about the petition for extension of time to
complete the investigation and he was also heard.
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Crl.O.P.No. 19542 of 2022
7. The Trial Court, on hearing both sides, dismissed the petition
seeking default bail filed under Section 167(2) of Cr.P.C and allowed the
petition filed under Section 36A(4) of NDPS Act and thereby extended
further time of 90 days for completion of investigation and to file final
report. Therefore, the petitioner was heard on notice and he had
knowledge about the petition for extension of time. Therefore, the Trial
Court rightly dismissed the petition for bail filed under Section 167(2) of
Cr.P.C. and allowed the petition for extension of time.
8. Insofar as the present Criminal Original Petition is concerned, to
set aside the order passed in Crl.M.P.No.3659 of 2022 dated 04.08.2022
on the file of the Principal Special Court under EC and NDPS Act at
Chennai, the petitioner was arrested and remanded to judicial custody on
25.12.2021. 180 days was completed on 22.06.2022. Whereas, the
respondent filed a petition for extension of time under Section 36A(4) of
NDPS Act on 21.06.2022 viz., 179th day itself. It was allowed and
thereby extended further time of 30 days for completion of investigation
and to file final report. During that period, the respondent completed the
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Crl.O.P.No. 19542 of 2022
investigation and filed final report on 20.07.2022. In the meanwhile, the
petitioner filed a petition in Crl.M.P.No.2952 of 2022 under Section
167(2) of Cr.P.C on default bail. The Court below rightly dismissed the
petition on the ground that the petitioner is not entitled for default bail,
since already the respondent filed a petition under Section 36A(4) of
NDPS Act for extension of time and the same was allowed by extending
30 days for completion of investigation.
9. In view of the above, this Court finds no infirmity or illegality
in the order passed by the Court below. Accordingly, this Criminal
Original Petition is dismissed.
19.09.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
Lpp
G.K.ILANTHIRAIYAN, J
https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 19542 of 2022
Lpp
To
1. The Inspector of Police,
V4, Rajamangalam Police Station,
Chennai.
2. The Public Prosecutor,
High Court, Madras.
Crl.O.P.No. 19542 of 2022
19.09.2022
https://www.mhc.tn.gov.in/judis
