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 petitioner's bail petition filed before the said court was dismissed on 9.9.2003. Thereafter the petitioner along with 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