SIVASANKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Revision case has been filed challenging the order of dismissal of statutory bail petition, dtd. 23/5/2023 passed by the Principal Special Court under EC & NDPS Act, Chennai.

(2.) The learned counsel for the petitioner submitted that the respondent police has registered a case against the petitioner along with other accused persons in Crime No.328 of 2022 for the offence under Ss. 8 [c], 22 [c] and 29 [1] of the Narcotic Drugs and Psychotropic Substances Act, 1985 for illegal possession of 0.1 gram of Lysergide (LSD) and 8 Nos. of LSD Stamps (weighing 130 mg). The petitioner was arrested and remanded to judicial custody on 11/11/2022. The learned counsel further submitted that since the respondent Police has not filed final report within statutory period of 180 days, the petitioner/accused filed a petition in Crl.M.P.No.3215 of 2023 on 12/5/2023 for statutory bail. The prosecution has filed a petition in Crl.M.P.No.2964 of 2023 under Sec. 36 [A] [4] of NDPS Act on 4/5/2023 which is before 180 days for extension of statutory period to complete the investigation. The learned Principal Special Judge passed a common order, allowing the extension application and dismissed the statutory bail application on 23/5/2023. It is the grievance of the petitioner that the learned Principal Special Judge, while deciding the application for extension of statutory period of investigation on 23/5/2023, neither the accused was heard before the Court either physically or virtually nor he was represented by the his counsel. In the absence of the accused, mere allowing the extension petition is a violation of principal laid down by the Hon'ble Supreme Court reported in 2022 SCC Online SC 1290 in Jigar alias Jimmy Pravinchandra Adatiya Vrs. State of Gujarat. Therefore, the petitioner is entitled for statutory bail. Thus, he seeks to set aside the impugned order and grant bail to the petitioner.

(3.) The learned Government Advocate (Crl.side) has objected for grant of bail. He further submitted that the accused was remanded on 11/11/2022. According to him, there is no illegality in the order dtd. 23/5/2023 and hence, the petitioner is not entitled for statutory bail and the learned Government Advocate (Crl. Side) pleaded to dismiss the criminal revision petition.