INTELLIGENCE OFFICER Vs. MARKANDAN

JUDGEMENT

(1.) a) The Criminal Original Petition in Crl.O.P.(MD).No.813 of 2020 has been filed challenging the order passed by the learned Additional Sessions Judge and Principal Special Judge for NDPS Act Cases, Madurai in Cr.M.P. No.4452 of 2019 in C.C.No.408 of 2019 dtd. 12/11/2019, permitting the respondent, Rajendran, to execute a bond under Sec. 88 CrPC on his first appearance.

(2.) The issue involved in all the three Criminal Original petitions are one and the same and hence are taken up together though the respondents are different. The facts leading to the filing of the Criminal Original Petitions are as follows:

(3.) Mr.C.Arul Vadivel @ Sekar, learned Special Public Prosecutor for NCB representing the petitioner submitted that the orders passed by the learned Additional Sessions Judge and Principal Special Judge for NDPS Act Cases, Madurai are not in accordance with law and are in violation of Sec. 37 of NDPS Act. The learned Special Public Prosecutor further submitted that Sec. 88 CrPC is subject to Sec. 37 of NDPS Act. The learned Judge had not given opportunity to the Public Prosecutor representing the petitioner to file counter and make his submissions, which is mandated under Sec. 37 of NDPS Act. The impugned orders in all the Criminal Original Petitions suffer from violation of principles of natural justice besides specific legislative mandate under Sec. 37 of NDPS Act. The learned Special Public Prosecutor also submitted that this Court under similar circumstances in Crl.R.C.(MD). No.735 of 2022 dtd. 12/12/2022, had set aside the order allowing the application under Sec. 88 CrPC without reference to Sec. 37 of NDPS Act and directed the Court concerned to pass orders after complying with Sec. 37 of NDPS Act.