The Madurai Bench of the Madras High Court addressed two bail petitions under the NDPS Act. Holding that delay in investigation does not warrant bail, the court instead directed the NDPS Trial Court to dispose of the case within three months.
Directed the Principal Special Court to dispose of Calender Case No.18 of 2013 within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Third day of May Two Thousand Thirteen
PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD) No.3351 & 3624 of 2013
ANITHA ... PETITIONER/ ACCUSED No.2 in CRL OP(MD)No.3351/2013
RAMAR ... PETITIONER/ ACCUSED No.1 in CRL OP(MD)No.3624/2013
Vs
THE STATE REP. BY THE INSPECTOR OF POLICE UTHAPANAIKANUR POLICE STATION, MADURAI DT. CR. NO. 19/2013
... RESPONDENT/ COMPLAINANT
IN BOTH RESPONDENT
For Petitioner in Both the Petitions : M/S. S.PALANIVELAYUTHAM Advocate For Respondent in Crl.OP(MD)No.3351 of 2013 : MR.P.KANNITHEVAN Govt. Advocate ( Crl. Side) in Crl.OP(MD)No.3624 of 2013 : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Crl.OP(MD)No.3351 of 2013 Under Sec. 438 Cr.P.C.
PETITION FOR BAIL Crl.OP(MD)No.3624 of 2013 Under Sec. 439 Cr.P.C.
The Court Made the following order :-
COMMON ORDER
The petitioner in Crl.O.P.(MD) No.3351 of 2013 seeks anticipatory bail and the petitioner in Crl.O.P.(MD) No.3624 of 2013 seeks bail in respect of the alleged offence under Section 8(c) r/w 20(b)(2)(c) of NDPS Act in Crime No.19 of 2013 on the file of the respondent police.
Judge, Principal Special Court for NDPS Act Cases, Madurai is directed to dispose of the trial in Calender Case No.18 of 2013 within a period of three months from the date of receipt of a copy of this order.
sd/-
03/05/2013
/ TRUE COPY /
Sub-Assistant Registrar
TO
TS/07.05.2013/2P-6C
ORDER
IN
CRL OP(MD) Nos.3351 & 3624 of 2013 Date :03/05/2013
3 issues framed by the court
Whether the delay in sending contraband for investigation is a valid ground to grant anticipatory or bail.
Whether a direction can be issued to the trial court to dispose of the NDPS case within a specific timeframe.
Whether the applications for anticipatory bail and bail under the NDPS Act need to be disposed of together.
3 provisions across 2 enactments
Anitha
Ramar
The State
S. VIMALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
