RAMEEJA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This petition has been filed as against the order of the learned Special Judge for Essential Commodities Act and Narcotic Drugs and Psychotropic Substances Act, Madurai, passed in Crl.M.P. No. 1647 of 2004 in C.C. No. 1233 of 2003.

(2.) The contentions of the petitioner are as follows: The petitioner, is A-2 in C.C. No. 1233 of 2003, on the file of the Special Judge for Essential Commodities Act and Narcotic Drugs and Psychotropic Substances Act, Madurai, which is a case registered under Section 20(b)(ii)(c) and 25 of the NDPS Act. On 10/10/2003 along with the charge sheet a memo was also filed by the respondent on the same day under Section 173(8), Cr.P.C., for further investigation. The petitioners bail petition filed before the said Court was dismissed on 9/9/2003. Thereafter the petitioner alongwith A-1, filed a bail petition before this Court. When counter statement was filed on behalf of the respondent before this Court, there was no whisper about the further investigation being conducted. During the course of argument in the bail petition before the High Court, the Learned Public Prosecutor disclosed about the Memo under Section 173 (8), Cr.P.C., and based on the said Memo the learned Public Prosecutor objected to the grant of bail and stated that it was too early to decide about the prosecution case, which would only mean that the prosecution was seriously conducting further investigation. It was only in the proceedings before this Court and the Supreme Court the Investigation Officer for the first time filed the sworn counter statement. While passing Orders in Cri. O.P. No. 34232 of 2003, this Court recorded the following submissions of the learned Public Prosecutor: An Application under Section 173(8) of Code of Criminal Procedure has been filed before the lower Court seeking permission for further investigation.

(3.) In the counter filed on behalf of the respondent in SLP. (Cr1). No. 5534 of 2003 before the Supreme Court, it was clearly stated by the respondent as hereunder: The investigating agency has obtained permission to carry out further investigation under Section 173(8) of Code of Criminal Procedure. Further investigation is in progress.