IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 09.03.2021

PRONOUNCED ON : 25.06.2021

CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

Criminal Revision Case No.1375 of 2019

and

Crl.M.P.No.18195 of 2019

K.Saran Kumar

S/o. R.Krishna Samy

... Petitioner

..vs..

Represented by

The Intelligence Officer

Narcotics Control Bureau

Chennai Zonal Unit

Chennai.

... Respondent

Criminal Revision Case filed under Section 397 r/w 401 of

Cr.P.C to set aside the order passed in Crl.M.P.No.1720/2019

in C.C.No.7 of 2019 on the file of the Special Judge, I

Additional Special Court for Exclusive trial of cases under NDPS

Act, Chennai dated 24.10.2019 is liable to be set aside and

discharging the petitioner/accused No.2 in C.C.No.7 of 2019 on

the file of the Special Judge, I Additional Special Court for

Exclusive Trial of cases under NDPS Act, Chennai.

For Petitioner

:

Mr.G.Murugendran

For Respondent

:

Mr.N.P.Kumar

Special Public Prosecutor (NDPS)

O R D E R

The Criminal Revision Case has been filed against the order

dated 24.10.2019 passed in Crl.M.P.No.1720/2019 in C.C.No.7 of

https://hcservices.ecourts.gov.in/hcservices/

2019 on the file of the Special Judge, I Additional Special

Court for Exclusive trial of cases under NDPS Act, Chennai and

to discharge the petitioner/accused No.2 in C.C.No.7 of 2019 on

the file of the Special Judge, I Additional Special Court for

Exclusive Trial of cases under NDPS Act, Chennai.

2.The respondent registered a case against the petitioner

and another for the offence under Section 8(c) r/w Sections 20

(B)(II)(C), 28 and 29 of 'the Narcotic Drugs and Psychotropic

Substances Act, 1985' [hereinafter 'NDPS Act' for the sake of

convenience]. After investigation, the respondent laid a charge

sheet before the learned Special Judge, I Additional Special

Court for Exclusive trial of cases under NDPS Act, Chennai. The

learned Special Judge, has taken the case on file in C.C.No.7 of

2019. During pendency of the case, the petitioner/A2 filed a

petition in Crl.M.P.No.1720 of 2019 under Section 227 of the

Code of Criminal Procedure, 1973, to discharge the petitioner

from the case. The learned Special Judge, after enquiry,

dismissed the petition, against which, the petitioner filed the

present revision before this Court.

3.The case of the petitioner is that the petitioner has been

arrayed as accused No.2 in the above case for the alleged

offences under Section 8(c) r/w Sections 20(B)(II)(C), 28 and

29 of the NDPS Act. The respondent alleged that on 18.07.2018

https://hcservices.ecourts.gov.in/hcservices/

'Narcotics Control Bureau' ['NCB' for the sake of brevity]

officials received a phone from reliable source that the accused

are indulged in trafficking Ganja and they have procured around

150 kgs of Ganjas from Andhra Pradesh and transporting Ganja in

Volkswagen car bearing Reg.No.TN-02-A-9959 to Nagapattinam via

Chennai and while crossing Karanodai Toll Plaza, Chennai at

around 21.00 hours, based on that information, the respondent

went to the spot and recovered the contraband and brought the

accused to the NCB office Chennai. After completion of all the

formalities, the accused was arrested and remanded to judicial

custody on 19.12.2018. After completion of the investigation,

the complaint was filed before the learned Principal Sessions

Judge for NDPS Act cases on 11.01.2019 and the said complaint

was filed by Intelligence Officer one Mr.Akshay Hunurkar,

Narcotics Control Bureau, Chennai Zonal Unit and he is the

complainant in the above said case and he is the competent

person to file this complaint under Section 36A of NDPS Act.

4. After the case was taken on file, the petitioner filed a

petition under Section 227 of Cr.P.C to discharge him from the

case in C.C.No.7 of 2019, on the ground that the complainant is

no