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2025 Supreme(Online)(MAD) 8613

HIGH COURT OF MADRAS
G.K. ILANTHIRAIYAN, J
e.kadhar basha – Appellant
Versus
the inspector – Respondent


Advocates:
Mr.M.G.Martinmanivannan, Mr.N.P.Kumar Special Public Prosecutor for NCB

ORDER

This petition has been filed challenging the order of remand passed as against the petitioner by the Judicial Magistrate-II, Ponneri in R.R.No.23 of 2023, dated 27.07.2023.

2. Heard the learned counsel on either side and perused the materials placed on record.

3. The petitioners are arrayed as A1 and A2 in R.R.No.23 of 2023 under Sections 8(c) read with 20(b)(ii)(C), 27A, 28 and 29 of NDPS Act, 1985 on the file of the respondent, alleging that the petitioners were in possession and transported Ganja weighing about 432.700 kgs and intercepted a vehicle which was driven by the first accused bearing Registration No.TN 31 BD 6347 at Karanodai Toll Plaza, Chennai on 24/25.07.2023. However, they were remanded to judicial custody on 27.07.2023. In the meanwhile, they were kept in the illegal custody and they were tortured by physically and mentally for almost three days.

4. After a period of three days, they were produced for remand on 27.07.2023. Immediately, after their arrest, they were not produced before the nearest Magistrate. That apart, their arrest were not intimated to any of the petitioners' friends, relatives or family members. The respondent violated the mandatory procedu

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