Edwinraj vs State Rep By
2023 Latest Caselaw 11458 Mad

                                                          1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                            DATED : 29.08.2023

                                                    CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                           Crl.O.P No.19124 of 2023
                                         and Crl.MP.No.12816 of 2023




                    Edwinraj                                               Petitioner


                                                         vs.

                    State rep by
                    Rep. By The Inspector of Police
                    Kavarapettai Police station
                    Thiruvallur-1.                                          Respondent

                    PRAYER: Criminal Original Petition filed under Section 482 of the
                    Code of Criminal Procedure, to call for the entire records in
                    pursuant to the CC No.187 of 2022 on the file of the 1 st Additional
                    Special Court under NDPS Act against the Petitioner.
                                        For Petitioner : M/s. Mr.T. Gowtham,
                                                         Senior counsel for
                                                         Mr.N.Nisar Ahamed
                                        For Respondent :Mr. A. Gopinath,
                                                         Government Advocate


https://www.mhc.tn.gov.in/judis
                                                        2

                                                    ORDER

This petition has been filed challenging the

proceedings initiated by the respondent against the petitioner

under Section 8(c) r/w. 20 (b) (ii) (c), 25, 29(1) of NDPS Act.

2. The grounds raised by the counsel for the petitioner

are all factual in nature and it requires appreciation of evidence

and this Court cannot decide the same in exercise of its

jurisdiction under Section 482 of Criminal Procedure Code. It is

left open to the petitioner to raise all the grounds before the

Court below and the same shall be considered on its own merits

and in accordance with law. This Court is not inclined to interfere

with the proceedings pending before the Court below.

3. Accordingly, this Criminal Original Petition is dismissed

with a direction to the Court below to complete the proceedings

in CC No.187 of 2022 on the file of 1st Additional Special Court

under NDPS Act within a period of four months from the date of

receipt of a copy of this order. The trial shall be conducted on a https://www.mhc.tn.gov.in/judis

day to day basis in accordance with the guidelines given by

Hon'ble Supreme Court reported in Vinod Kumar Vs State of

Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner adopts any

dilatory tactics, it is open to the trial Court to insist upon the

presence of the petitioner and remand him to custody as per

the judgment of the Hon'ble Supreme Court in STATE OF UTTAR

PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191).

Consequently, connected miscellaneous petition is closed.

                                                                          29.08.2023




                    Index      : Yes/No
                    Internet : Yes/No

Speaking Order/Non-Speaking Order rka

To

1. The Inspector of Police Kavarapettai Police station Thiruvallur-1.

2. The Public Prosecutor, High Court, Madras

https://www.mhc.tn.gov.in/judis

N. ANAND VENKATESH, J.

rka

Crl.O.P No.19124 of 2023 and Crl.MP.No.12816 of 2023

29.08.2023

https://www.mhc.tn.gov.in/judis