The Court dismissed a Criminal Miscellaneous Petition seeking suspension of sentence and bail pending appeal. It held that trial court issues must be decided in the appeal and there was no inclination to allow the petition at that stage.
The petition to suspend sentence and enlarge the petitioner on bail was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Monday, the Twenty Second day of July Two Thousand Nineteen
PRESENT
The Hon`ble Mr Justice M.M.SUNDRESH
and
The Hon`ble Mr Justice M. NIRMAL KUMAR
CRIMINAL MISCELLANEOUS PETITION No.7030 of 2019
IN CRL A.317/2019
ASHOK KUMAR [ PETITIONER ]
Vs
THE INTELLIGENCE OFFICER [ RESPONDENT ] NARCOTICS CONTROL BUREAU, SOUTH ZONAL UNIT, CHENNAI – 90. (R.R.NO.20/2009,NCB F.NO.48/1/3/2009-NCB/MDS
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.317 of 2019 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioner by judgment dated 08.04.2019 passed in CC No.39/2009 on the file of the learned Special Judge, II Additional Special Court under NDPS Act, Chennai-104 and enlarge the petitioner on bail pending disposal of the above Crl.A.No.317 of 2019.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.317 of 2019 on the file of the High Court and upon hearing the arguments of M/S.RAVIKUMAR G., Advocate for the petitioner and of MR. N.P.KUMAR, SPECIAL PUBLIC PROSECUTOR FOR NCB CASES, on behalf of the Respondent the court made the following order:-
(Order of the Court was made by M.M.SUNDRESH,J)
Seeking to suspend the sentence imposed by the judgment dated 08.04.2019 passed in CC No.39 of 2009 on the file of the learned Special Judge, II Additional Special Court under NDPS Act, Chennai, the present petition has been filed.
Post the main appeal for hearing on 24.09.2019. In the
meanwhile, Registry is directed to make the papers ready.
-sd/-
22/07/2019
This order, on being produced, be punctually observed and carried
into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE SPECIAL JUDGE,
II ADDITIONAL SPECIAL COURT UNDER NDPS ACT,
CHENNAI.
2 THE SUPERINTENDENT,
CENTRAL PRISON-1,
PUZHAL, CHENNAI.
3 THE SPECIAL PUBLIC PROSECUTOR
FOR NCB CASES, HIGH COURT,
MADRAS.
4 THE INTELLIGENCE OFFICER
NARCOTICS CONTROL BUREAU,
SOUTH ZONAL UNIT,
CHENNAI – 90.
5 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT,MADRAS.
C.C. to M/S.RAVIKUMAR G. Advocate on payment of necessary charges SR.NO.14970
Order
in
CRL MP.7030/2019
in
CRL A.317/2019
Date :22/07/2019
From 7.2.2001 the Registry is issuing certified
copies of the BAIL/Anti.BAIL Orders in this format
RVR 30/07/2019
2 issues framed by the court
Whether to suspend the sentence and grant bail pending disposal of appeal in the NCB case.
Whether the existence of a locker mentioned as Locker No.1 in one case and Locker No.B1 in another constitutes a material contradiction importing the conviction.
2 provisions across 2 enactments
ASHOK KUMAR
THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU SOUTH ZONAL UNIT CHENNAI
M.M.SUNDRESH
M. NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
