1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.16354 of 2011 A.C.Ahamed ... Petitioner Vs. The Intelligence Officer, NCB South Zonal Unit, Chennai, NCB F.No.48/1/12/2006-NCB/MDS ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the District and Sessions Judge, Special Court for E.C. Act Cases, Pudhukottai to proceed the trial in C.C.No.394 of 2006 in Day to day basis and complete the trial within a month and the same may be reported to this Court in the interest of justice. For Petitioner :: Mr.S.Balakarthick For Respondents :: Mr.P.Kannaithevan, Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the District and Sessions Judge, Special Court for E.C. Act Cases, Pudhukottai to proceed the trial in C.C.No.394 of 2006 in Day to day basis and complete the trial within a month and the same may be reported to this Court in the interest of justice. 2. Heard Mr.S.Balakarthick, learned counsel appearing for the petitioner and Mr.P.Kannaithevan, learned Government Advocate (Criminal side) appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument that the petitioner is ranked as A1 in the case filed and taken on file before the learned Special Judge for E.C. and N.D.P.S. Act cases, Pudukottai, in C.C.No.394 of 2006 and in an earlier occasion, the petitioner has filed a petition in Crl.O.P.(MD) No.13581 of 2010, seeking for the grant of bail, in which, this Court had passed an order dated 16.11.2010, directing the said Court to an expeditious disposal of the case, within a period of two months from the date of receipt of a copy of this order, while dismissing the claim of the bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 4.He would further submit in his argument that even during the subsistence of the said period, yet another accused has filed a petition before this Court in Crl.O.P.(MD) No.14023 of 2010 for an expeditious disposal of the case and this Court, had directed to dispose of the case within a period of four months from the date of receipt of a copy of that order, vide its order dated 29.11.2010. 5.He would also submit that yet another application has been filed by the petitioner viz., A.C.Ahamed in Crl.O.P.(MD) No.9924 of 2011, seeking for a direction to dispose of the case as expeditiously as possible and accordingly, this Court had directed the Special Judge concerned, to dispose of the case within the time as granted by this Court as per the proceedings dated 05.07.2011, on the requisition made by the said Special Judge for extention of time for disposal of the case. 6.He would further submit that the present application has been filed with the specific prayer to direct the Special Judge concerned to proceed with the case for the expeditious disposal of the case on day to day basis and to dispose of the same, within a period of one month and to report the same to this Court and therefore, suitable direction may be issued to the Special Judge, Pudukottai, to dispose of the case in C.C.No.394 of 2006 in an expeditious manner as sought for by the petitioner. 7.The learned Government Advocate (criminal side) would submit in his argument that the directions issued by this Court should have been certainly complied with by the said Court, however, it was periodically extended as per the administrative order passed by this Court, at the requisition of the Special Judge concerned. He would therefore request the Court to pass suitable orders in the facts and circumstances of the case, for an expeditious disposal of the case in C.C.No.394 of 2006, pending on the file of the Special Judge for E.C. and N.D.P.S. Act Cases. 8.I have given anxious consideration to the arguments advanced on either side. 9.There is no dispute that this Court, on an earlier occasion, directed the Special Judge for E.C. and N.D.P.S. Act Cases, Pudukkottai, in its order in Crl.O.P.(MD) No.13581 of 2010 dated 16.11.2010, to dispose of the case, within a period of three months and at the same time, on 29.11.2010 in Crl.O.P.(MD) No.14023 of 2010, this Court granted four months time, to dispose of the said case, from the date of receipt of the copy of that order. 10.Of course, the earlier direction passed by this Court was not brought to the notice of this Court at the time of passing the order dated 29.11.2010. However, this Court, had passed an order on the 3rd occasion in Crl.O.P.(MD) No.9924 of 2011 that the case shall be disposed of in accordance with the extention of time granted by this Court as per its administrative order in the proceedings dated 05.07.2011. https://hcservices.ecourts.gov.in/hcservices/ 3 11.On verification of the order passed by this Court dated 05.07.2011, I could see that this Court had extended the time and thereafter, in yet another administrative proceedings dated 03.11.2011, the time has been extended for four months, which will expire only on 03.03.2012. Therefore, the direction sought for by the petitioner cannot be granted, when this Court had extended the time in its administrative order dated 03.11.2011 till 03.03.2012 and there is sufficient time is available for its disposal.. 12.Accordingly, the learned Special Judge for E.C. and N.D.P.S. Act Cases, Pudukottai is directed to complete the trial and to dispose the case in C.C.No.394 of 2006 on its file, on or before 03.03.2012 as per the order of extension in the order dated 03.11.2011 and to report compliance to this Court. In view of the series of extention given already, no further time will be granted after 03.03.2012 for completion of the trial and to pronounce judgment in this case. 13.With the aforesaid directions, this criminal original petition is disposed of. Sd/- Deputy Registrar(Accts.) /True Copy/ Assistant Registrar To 1.The Special Judge for E.C. and N.D.P.S. Act Cases, Pudukottai. 2.The Intelligence Officer, NCB South Zonal Unit, Chennai. 3.The Special Public Prosecutor for NDPS Act Cases, Madurai Bench of Madras High Court, Madurai. Arul ssk/10.01.2012 /4c -3p/- Crl.O.P.(MD)No.16354 of 2011 https://hcservices.ecourts.gov.in/hcservices/