LAWS(MAD)-2021-8-34

RAMESHKUMAR Vs. SUPERINTENDENT OF POLICE

Decided On August 04, 2021
RAMESHKUMAR Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) Challenging the order, dated 02.12.2020, passed in W.P(MD)No.20650 of 2017, the writ petitioner has filed the above Writ Appeal.

(2.) The appellant filed the Writ Petition to issue a Writ of Mandamus, directing the second respondent to investigate the matter and to take appropriate action as against the third respondent, who is an Inspector of Police, Pudukadai Police Station, Kanyakumari District.

(3.) When the Writ Petition came up for hearing before the learned Single Judge, the learned Government Advocate (Criminal Side) filed a counter-affidavit stating that the petitioner is an accused in Crime No.63 of 2017 on the file of the Pudukadai Police Station for the offences under Section 8(c) r/w 20(B)(ii)(b) of NDPS Act. Subsequently, the third respondent has completed the investigation and also filed a final report and the same has been taken cognizance in C.C.No.275 of 2017 on the file of the E.C Court, Madurai for the said offences. Further, the criminal case is pending for trial. Though the appellant contended that he was illegally detained by the police officials, in the counter-affidavit filed by the learned Government Advocate (Criminal Side), it was made clear that the appellant was arrested and remanded to judicial custody in Crime No.63 of 2017 and the same is pending for trial in C.C.No.275 of 2017 on the file of the E.C. Court, Madurai. Therefore, the detention of the appellant cannot be termed as illegal.