The High Court suspended the sentence and granted bail to the petitioner convicted under the NDPS Act, noting he had served nearly half the 12-year term and was already on bail in a separate pending trial.
Sentence suspended; petitioner enlarged on bail with conditions to execute bond, appear monthly, and surrender passport.
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.10536 of 2024 in Crl.A.No.962 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.M.P.No.10536 of 2024
in Crl.A.No.962 of 2024
Ashraf Shariff
. .. Petitioner
Vs.
State rep.by Intelligence Officer Narcotics Control Bureau, Chennai Zonal Unit, Chennai.
. .. Respondent
PRAYER: Criminal Miscellaneous Petition has been filed under Section 389(1) of Cr.P.C, praying to suspend the sentence passed in C.C.No.115 of 2019 dated 20.02.2019 on the file of the Principal Special Court under EC and NDPS Act, Chennai and enlarge the petitioner on bail, pending disposal of the above appeal.
For Petitioner : Mr.T.S.Sasikumar For Respondent : Mr.N.P.Kumar Special Public Prosecutor (NCB)
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Crl.M.P.No.10536 of 2024 in Crl.A.No.962 of 2024
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence passed in C.C.No.115 of 2019 dated 20.02.2019 on the file of the Principal Special Court under EC and NDPS Act, Chennai and enlarge the petitioner on bail, pending disposal of the above appeal.
2. The case of the prosecution is that on 01.01.2019, the respondent had
received an information that some contraband was hidden for sale at the premises of the petitioner and that on a search conducted, they found a cell phone in which there were 20 pre-cut sheets of LSD and a case was registered thereafter.
3. The petitioner/Accused in C.C.No.115 of 2019 was convicted by the
Trial Court by judgment dated 20.02.2024 under Section 235(2) Cr.P.C. to undergo rigorous imprisonment for 12 years and to pay a fine of Rs.1,20,000/for the offence u/s 8(c) r/w 22(c) of the NDPS Act and in default of payment of fine thereof, to undergo further period of 6 months S.I. Aggrieved by the same, the petitioner/Accused filed Crl.A.No.962 of 2024 along with the instant miscellaneous petition seeking suspension of sentence and bail.
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Crl.M.P.No.10536 of 2024 in Crl.A.No.962 of 2024
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Crl.M.P.No.10536 of 2024 in Crl.A.No.962 of 2024
of sentence imposed by the trial court, i.e. 5 years and 10 months and that he is
on bail in the other case.
8. On perusal of the records, it is seen that the petitioner is on bail in the case that is pending before the District & Sessions Judge, Panaji. The Hon'ble Supreme Court in SLP (Crl) No.7162 of 2024 in Jitendra & Ors. Vs. State of Uttar Pradesh has observed as follows -
“11.That apart, mere pendency of the other trial where the appellant-Narendra Singh is an accused (on bail) cannot be regarded as sufficient for denying him the benefit of suspension of sentence in this case. After all, he is presumed to be innocent till found guilty”.
9. Considering the submissions made by the learned counsel for the petitioner and the period of incarceration, without adverting to the merits on
the contention made by either sides and taking into consideration the fact that
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Crl.M.P.No.10536 of 2024 in Crl.A.No.962 of 2024
the petitioner is in custody for almost half the period of sentence, this Court is
inclined to grant the relief of suspension of sentence to the petitioner.
and the sentence imposed on the petitioner is suspended and the petitioner is ordered to be released on bail on the following conditions :
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Crl.M.P.No.10536 of 2024 in Crl.A.No.962 of 2024
and if the petitioner is not in possession of passport, he may file an affidavit of undertaking to that effect before the trial court.
20.11.2024
rgr
Issue order copy by 21.11.2024 Upload the order copy forthwith.
To
2. The Superintendent, Central Prison - I Puzhal, Chennai.
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Crl.M.P.No.10536 of 2024 in Crl.A.No.962 of 2024
SUNDER MOHAN, J.
rgr
Crl.M.P.No.10536 of 2024 in Crl.A.No.962 of 2024
20.11.2024
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1 issue framed by the court
Whether the sentence should be suspended pending appeal given the petitioner has served nearly half the term and is on bail in another case?
Colour shows how this judgement treated each authority
Jitendra & Ors. Vs. State of Uttar PradeshReferred¶34
SLP (Crl) No.7162 of 2024 in Jitendra & Ors. Vs. State of Uttar Pradesh
2 provisions across 2 enactments
Ashraf Shariff
State rep.by Intelligence Officer Narcotics Control Bureau, Chennai Zonal Unit, Chennai
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
