LAWS(MAD)-2024-12-36

BABU Vs. STATE

Decided On December 19, 2024
BABU Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The Revision challenges the Order passed by the learned Principal Special Judge, Special Court under EC & NDPS Act, Chennai-600 104, on the Application filed by the Respondent seeking an extension of time for completing the investigation.

(2.) The Petitioner/A1 was arrested on 10/3/2024 and on the 173rd day, i.e., 30/8/2024, the Respondent filed the Petition along with the report of the Public Prosecutor under Sec. 36-A(4) of the NDPS Act. The Petitioner/A1 opposed the said Petition by filing a Counter. The learned Principal Special Judge, accepting the report of the Special Public Prosecutor, had granted 45 days' time to complete the investigation.

(3.) Mr. S. Kasirajan, the learned Counsel for the Petitioner/A1, would submit that the Report of the learned Public Prosecutor does not satisfy the twin requirements necessary to seek an extension, namely the details of the investigation conducted so far and as to why the Petitioner's detention is required for the purpose of investigation; and that the Petitioner had availed of his right to mandatory Bail by filing a Petition, which was not considered on merits and returned; and therefore, he sought for setting aside the Order, dtd. 19/9/2024 passed by the learned Principal Special Judge, Principal Special Court under EC & NDPS Act, at Chennai in Crl.M.P. No.9641 of 2024.