Madras HC orders DGP to take criminal action against SI
Finding that the case for possession of psychotropic substances registered against two people was false, the Madras High Court ordered quashing the case and their immediate release. The court also directed the DGP to initiate criminal and departmental action against the concerned sub-inspector for registering the false case and keeping the accused lodged in judicial custody till now.
Justice G Chandrasekharan passed the orders recently on the petition filed by R Surya and R Sathish, who were booked by the Tiruvottiyur police under various sections of the Narcotics and Psychotropic Substances Act, 1985, for possessing psychotropic substances.
According to the FIR, they were found in possession of the contraband under a bridge near the Cattle Market in Tiruvottiyur on July 29, 2022. They were arrested and remanded in judicial custody.
They moved the court seeking to quash the police case claiming it as foisted because they were actually present at the judicial magistrate (JM) court at Katpadi in Vellore at 10.30 am the same day in connection with another case.
Perusing the materials, the judge observed that it was not possible for the petitioners to have been found with the contraband at 12.30 pm on the same day in Tiruvottiyur. CCTV footage collected from the JM court in Katpadi also established the same.
Concluding that continued incarceration would amount to harassment and abuse of the process of law, Justice Chandrasekharan ordered the authorities to release them immediately if they are not wanted in any other case.
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