Crl.M.P. filed under Section 389 Cr.P.C. seeking suspension of sentence and bail for NDPS convicts. Court allowed petition, suspending sentence and granting bail subject to bond and strict reporting conditions.
Sentence suspended and bail granted with bond of Rs.25,000/- and reporting conditions.
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.
Crl.M.P.No.13654 of 2023 in Crl.A.No.948 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2023
CORAM
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
Crl.M.P.No.13654 of 2023 in Crl.A.No.948 of 2023
Vs.
The State Represented by the Inspector of Police, NIB CID, Chennai.
...Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C. praying to suspend the sentence imposed on the petitioners by the learned I Additional Special Judge, Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in C.C.No.190 of 2019, dated 25.07.2023 and enlarge the petitioners on bail.
For Petitioner : Mr.C.V.Kumar For Respondent : Mr.S.Sugendran, Additional Public Prosecutor
ORDER
This Criminal miscellaneous petition is filed seeking suspension of
sentence imposed by the learned Special Judge, I Additional Special Court
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Crl.M.P.No.13654 of 2023 in Crl.A.No.948 of 2023
for Exclusive Trial of Cases under NDPS Act, Chennai in C.C.No.190 of 2019 on 25.07.2023.
the learned I Additional Special Judge, Special Court for Exclusive Trial of
Cases under NDPS Act, Chennai and they were convicted and sentenced on
25.07.2023 as under:
| S. _No. _ |
Accused | Provision under which convicted |
Sent | ence |
|---|---|---|---|---|
| Rigorous impris | onment for two | |||
| 1 | 1st titi/ |
Section 8 (c) r/w. 21(b) of NDPS Act |
years and to Rs.20,000/- and undergo Rigorous three months. |
pay a fine of in default to imprisonment for |
| peoner A1 |
Section 8(c) r/w. 22(b) of NDPS Act |
Rigorous impris years and to Rs.20,000/- and undergo Rigorous three months. |
onment for two pay a fine of in default to imprisonment for |
|
| 2 | 2nd titi/ |
Section 8 (c) r/w. 22(b) of NDPS Act |
Rigorous impris years and to Rs.20,000/- and undergo Rigorous three months. |
onment for two pay a fine of in default to imprisonment for |
| peoner A2 |
Section 8 (c) r/w. 20(b)(ii)(A) of NDPS Act (2 counts) |
Rigorous impris months and to Rs.5,000/- and in Rigorous impris month. |
onment for six pay a fine of default to undergo onment for one |
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Crl.M.P.No.13654 of 2023 in Crl.A.No.948 of 2023
Mr.S.Sugendran, learned Additional Public Prosecutor appearing for the respondent.
on either side, this criminal miscellaneous petition is allowed and the sentence imposed on the petitioners is suspended and bail is granted to the
petitioners, however, subject to the following conditions:
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Crl.M.P.No.13654 of 2023 in Crl.A.No.948 of 2023
05.09.2023 (2/2)
vum
To
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Crl.M.P.No.13654 of 2023 in Crl.A.No.948 of 2023
R.HEMALATHA, J.
vum
Crl.M.P.No.13654 of 2023 in Crl.A.No.948 of 2023
05.09.2023
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2 issues framed by the court
Whether suspension of sentence and grant of bail are permissible pending disposal of criminal appeal in an NDPS case?
What conditions should be imposed upon granting bail under Section 389 Cr.P.C. in NDPS cases?
2 provisions across 1 enactments
Kamlesh Kumar Singh
Ganapathi Lal
State
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
