KARAN TALWAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted. This appeal by Special Leave is directed against the order dtd. 14/9/2022 passed by the High Court of Madras in CRLRC No.1258 of 2022 filed against the order dtd. 26/7/2022 passed by the learned Additional District Judge-Special Court under Essential Commodities Act Cases, Coimbatore (for short, the "ADJ") in CMP No.586 of 2020 under Sec. 227 of the Code of Criminal Procedure, 1973 (for short, the "Cr.P.C.") to discharge him from CC No.43 of 2020. As per the order dtd. 26/7/2022 the application for discharge filed by the appellant viz., accused No.13, in CC No.43 of 2020, was dismissed and as per the impugned order, the Revision Petition filed against the same was also dismissed.

(2.) The case of the prosecution in short is as follows: - Accused No.1 owns 10 acres of coconut grove where he runs a resort in the name and style "Agrinest" (without approval from the Government). Accused No.2 manages the same along with others like accused Nos.3 and 15. Accused Nos.11 and 12 arranged for conducting a music fest in the said resort and also for supplying narcotic substances to the participants during the programme. Accused No.14 was brought from Russia to attract youngsters to the programme. Accused No.1 went to Kerala and purchased 200 grams of cannabis besides bringing drinks from other states from unknown persons and brought all such items to the resorts on 3/5/2019. In the night of 3/5/2019, a large group of youngsters from Tamil Nadu and Kerala thronged there to participate in the music programme. During the programme narcotic substances were given to Accused Nos.4, 6, 7, 9 & 13 and they consumed the same. Accused Nos.15, 8 and 10 also consumed the same and abetted commission of offences like supply of narcotics. In connection with the said incident, FIR No.129/2019 was registered on 4/5/2019 and in the said FIR, the appellant was shown as accused No.13 and accused of commission of offence under Sec. 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the "NDPS Act"). After the investigation, a final report was filed against all the accused and as per the same, the appellant herein (accused No.13) was charge sheeted only for offence under Sec. 27(b) of the NDPS Act. This appeal is filed by accused No.13 against dismissal of his application for discharge. Hence, we are confining the consideration only qua accused No.13.

(3.) Heard the learned senior counsel appearing for the appellant and the learned counsel appearing for the State of Tamil Nadu.