The High Court, Madras allowed a petition seeking suspension of sentence and bail for an NDPS convict pending appeal, citing arguable evidence contradictions and lack of imminent appeal hearing.
Sentence suspended; petitioner released on bail to execute Rs. 10,000 bond with two sureties and appear at trial court on first working day of every month.
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.13304 of 2024 in Crl.A.No.1197 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.M.P.No.13304 of 2024
in Crl.A.No.1197 of 2024
Anandharaj
. .. Petitioner /Accused
Vs.
State Represented by Inspector of Police, T-7 Avadi Tank Factory Police Station, Chennai
. .. Respondent / Complainant
PRAYER: Criminal Miscellaneous Petition has been filed under Section 430 of BNSS r/w 483 of BNSS Act praying to suspend the sentence imposed on the petitioner in C.C.No.508 of 2023 dated 12.09.2024 passed by the learned Principal Special Judge, EC & NDPS Court, Chennai, pending disposal of the above Criminal Appeal and enlarge the petitioner on bail.
For Petitioner : Mr.D.Padmanabhan
For Respondent : Dr.C.E Pratap, Govt. Advocate (Crl.side)
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ORDER
Crl.M.P.No.13304 of 2024 in Crl.A.No.1197 of 2024
This Criminal Miscellaneous Petition has been filed by the petitioner to to suspend the sentence imposed on the petitioner in C.C.No.508 of 2023 dated 12.09.2024 passed by the learned Principal Special Judge, EC & NDPS Court, Chennai, pending disposal of the above Criminal Appeal and enlarge the petitioner on bail.
2. The case of the prosecution is that on 20.11.2022, at about 9.15 a.m., on receipt of information, Sub-Inspectorof Police, attached to the respondent proceeded to the spot and secured the petitioner and another person and on search, the petitioner produced 20 small packets containing ganja weighing totally 1.350 kgs and that after following the mandatory provisions, FIR was registered against the petitioner and A.2.
3. The petitioner/accused in C.C.No.508 of 2023 was convicted by the Trial Court by judgment dated 12.09.2024 under Section 8(c) r/w 20(b)(ii) (B) of NDPS Act and was sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.50,000/- for the offence u/s 8(c) r/w 20(b)(ii) (B) of NDPS Act and in default of payment of fine thereof, to undergo further period
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Crl.M.P.No.13304 of 2024 in Crl.A.No.1197 of 2024
of 6 months rigorous imprisonment. Aggrieved by the same, the petitioner/accused filed Crl.A.No.1197 of 2024 along with the instant miscellaneous petition seeking suspension of sentence and bail.
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Crl.M.P.No.13304 of 2024 in Crl.A.No.1197 of 2024
Government Advocate (crl.side) appearing for the respondent and perused the records.
7. On perusal of the counter, it is seen that the four cases registered against the petitioner are under Tamil Nadu Criminal Law Amendment Act, Public Property (Prevention of Destruction and Loss) Act and other penal code offences. The petitioner was not involved in any other case under NDPS Act. Further, the Trial Court has disbelieved the case of the respondent as regards the role of A.2.
8. The petitioner has raised arguable points in the above appeal as
regards the contradiction in the evidence of the case and the violation of mandatory provisions.
9. Considering the above submission made by the learned counsel for
the petitioner, the period of incarceration, the fact that the petitioner is in custody from 12.09.2024 and that the appeal is not likely to be taken up in the
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Crl.M.P.No.13304 of 2024 in Crl.A.No.1197 of 2024
near future, 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:
13.11.2024
rgr
Issue order copy by 18.11.2024 Upload the order copy forthwith.
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Page 5 of 6
Crl.M.P.No.13304 of 2024 in Crl.A.No.1197 of 2024
SUNDER MOHAN, J.
rgr
To
2. The Superintendent, Central Prison, Puzhal – I, Chennai.
4.The Public Prosecutor, High Court, Madras.
Crl.M.P.No.13304 of 2024 in Crl.A.No.1197 of 2024
13.11.2024
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2 issues framed by the court
Whether a sentence imposed in an NDPS conviction can be suspended pending the disposal of a criminal appeal.
Whether the petitioner ought to be released on bail considering the arguable points raised in the appeal and his period of incarceration.
3 provisions across 2 enactments
Anandharaj
State
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
