ORDER :

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the proceeding in Crime No.605 of 2022 dated 29.07.2022, on the file of the Inspector of Police, H-8, Thiruvottiyur Police Station, the 1st respondent herein and quash the same.

This Criminal Original Petition has been filed to call for the records relating to the proceedings in Crime No.605 of 2022, dated 29.07.2022, on the file of the Inspector of Police, H-8, Thiruvottiyur Police Station, first respondent herein and quash the same.

2. The main ground of submission by the learned counsel for the petitioners is that as per the FIR allegations, on 29.07.2022, the petitioners were found to be in possession of psychotropic substances at about 12.15 p.m. under the over bridge of Thiruvottiyur Cattle Sandhai. However, the learned counsel for the petitioners submitted that this case is totally a false case for the reason that on the same date, on 29.07.2022, after 10.30 a.m., the petitioners appeared before the learned Judicial Magistrate, Katpadi, for a case registered in PRC No.31/2020 and the same was recorded in the adjudication order of the learned Judicial Magistrate, Katpadi. It is highly impossible for them to be present at the spot, where, it is alleged that they were found to be in possession of the psychotropic substances. Therefore, he submitted that the case in Crime No.605 of 2022, registered under Sections 8(c), 22 (c) & 29 (1) of Narcotic Drugs & Psychotropic Substances Act, 1985, by the respondent police is a false case. Hence this petition.

3. In response, the learned Government Advocate (Crl.Side) opposed this petition on the ground that the petitioners had involved in serious NDPS offence and they are history sheeters. The petitioners were infact found in possession of the psychotropic substances and they were arrested at 12.30.p.m. on 29.07.2022 under the over bridge of Thiruvottiyur Cattle Sandhai. The plea of alibi is a question of fact and has to be proved only during the trial. It is also the case of the respondent police that the petitioners were nabbed with the psychotropic substance, which were recovered from them by following the procedures established by law and then the case was registered.

4. When the matter came up for hearing on 14.12.2022, this Court directed the respondent to conduct proper investigation in this case, taking into consideration the plea of alibi set up by petitioners. It was also directed that the investigation should be monitored by the Deputy Commissioner of Police, Washermenpet. The Deputy Commissioner of Police, Washermenpet was also directed to ensure during the course of investigation, the claim of petitioners that they appeared before the learned Judicial Magistrate, Katpadi, for hearing in PRC No.31 of 2020 and then approve the filing of the final report. Investigation in this case was ordered to completed within a period of four weeks from 14.12.2022.

5. Thereafter, the matter was taken up on 10.02.2023. It was reported that the final report was not filed in this case so far. Therefore, this Court directed the Deputy Commissioner of Police, Washermenpet to be present before this Court on 20.02.2023 with a report on the plea of alibi set up by the petitioners.

6. On 20.02.2023, the Deputy Commissioner of Police, Washermenpet was not present, instead a certificate issued by Dr.Ellangovan, General Physician, was filed stating that Mr.Pawan Kumar was admitted at Aakash Hospital on 16.02.2023 and diagnosed as “Obstructive Left VUJ calculus with HUN/Cystitis/Type 2 DM” and discharged on 17.02.2023. He was advised to take complete rest for five days.

7. The learned Government Advocate (Crl.Side) filed a report of the Deputy Commissioner of Police, Washermenpet. It is seen from the report that the bail petition filed by petitioners before the E.C.NDPS Court in Cl.M.P.No.3822 of 2022 was dismissed on 26.08.2022. The bail petitions filed before this Court were also dismiss