B.Logesh Vs The State rep by The Inspector of Police

PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the learned Principal Special Judge, Special Court under EC & NDPS Act, Chennai, to dispose of C.C.No.448 of 2022 on the file of the said court within the time frame as fixed by this Court.

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For Petitioner : Mr.P.Satheesh Kumar

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For Respondent : Mr.S.Santhosh Government Advocate (Criminal Side)

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O R D E R

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This Criminal Original Petition has been seeking expeditious disposal of C.C.No.448 of 2022 pending on the file of the learned Principal Special Judge, Special Court under EC & NDPS Act, Chennai, within a stipulated time.

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1/5

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

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Crl.O.P.No.992 of 2026

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Learned counsel appearing for the petitioner submitted that the petitioner is arrayed as A7 in Crime No.631 of 2022, registered by the respondent police on 05.08.2022, for the offences under Sections 8(c), 20(b) (ii)(B), 25 and 29(1) of the Narcotic Drugs & Psychotropic Substances Act, 1985. He further submitted that after completion of the investigation, the final report was filed on 10.10.2022 and the same was taken cognizance of on the file of the Special Court under EC & NDPS Act, Chennai, in C.C.No.448 of 2022. However, there has been no progress in the trial and therefore, the learned counsel appearing for the petitioner prayed for the indulgence of this Court to direct early disposal of the case.

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3 . Learned Government Advocate (Criminal Side) appearing for the respondent submitted that there are nine accused in this case and the matter now stands posted for serving copies on the accused. He further submitted that the accused are taking turns one after another and are evading service of copies on them. He further submitted that the NonBailable Warrant is pending against the fifth accused.

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

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2/5

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

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Crl.O.P.No.992 of 2026

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It is pertinent to state that a Constitution Bench of the Hon’ble Supreme Court, in the case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh reported i n (2024) 6 SCC 267 , has held that the constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other court. The relevant portion of the said decision for the sake of ready reference is reproduced below:

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"47.3. Constitutional courts, in the ordinary course,

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should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending."

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(emphasis supplied by this Court).

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It has also been held in the aforesaid extracted portion that in

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exceptional circumstances, constitutional courts may issue directions for time bound disposal of cases.

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3/5

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

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Crl.O.P.No.992 of 2026

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Considering the facts and circumstances of the case and the

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fact that the matter is pending from the year 2022, this Court directs the learned Principal Special Judge, Special Court under EC & NDPS Act, Chennai, to ensure that the Non-Bailable Warrant issued against A5 is executed and that the trial in C.C.No.448 of 2022 is completed as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order.

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