Dismissed¶38

Kannan v. State Rep.by,the Inspector of Police

Madras HC18 Mar 2025CRL MP/3184/2025

Case brief

AI extract

What is this about?

Suspension of sentence refused pending appeal; NDPS Act Sections 8(b) read with 20(a)(i); Ganja cultivation among Tapioca plants; Crime No.32 of 2021; Special Case No.14 of 2021, Special Court for NDPS Act Cases, Villupuram; conviction 10 years rigorous imprisonment plus Rs.1 lakh fine dated 26.12.2024; CRL MP No.3184 of 2025 in CRL A No.203 of 2025; Section 430(1) B.N.S.S. 2023; petition dismissed 18-03-2025; Justice P. Velmurugan; Madras High Court.

What did the court decide?

Considering the serious nature of the offence, the Court declined to suspend the sentence of imprisonment imposed on the petitioner. ¶36

Kannan Vs State Rep.by,the Inspector of Police — Narcotics (NDPS) | Madras HC (2025)

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CRL MP No.3184 of 2025 in CRL A No.203 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE P. VELMURUGAN

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CRL MP No. 3184 of 2025 in CRL A No.203 of 2025

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KANNAN

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S/o. Kaliyan, Aanai Maduvu, Serapattu Main Road, Lakkinayakkanpatti Post, Sankarapuramtaluk.

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Petitioner

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State Rep. By the Inspector Of Police, NIB-CID Villupuram,

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Cr.No.32/2021.

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Respondent

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PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of B.N.S.S. 2023, to suspend the sentence awarded to the petitioner in Judgment dated 26.12.2024 passed in Special Case No.14 of 2021 by the Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Villupuram during the pendency of this Appeal and enlarge the petitioner on bail.

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For Appellant(s): C.Munusamy

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For Respondent(s): Mrs.G.V.Kasthuri Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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CRL MP No.3184 of 2025 in CRL A No.203 of 2025

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ORDER

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This Criminal Miscellaneous Petition has been filed by the petitioner/appellant to suspend the sentence awarded to the petitioner in Judgment dated 26.12.2024 passed in Special Case No.14 of 2021 by the Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Villupuram during the pendency of this appeal and enlarge the petitioner on bail.

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The case of the petitioner/appellant is that based on the complaint

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given by the V.A.O., the respondent police registered a case in Crime No.32 of 2021 against the petitoner for the offence under Sections 8(b) read with 20(a)(i)

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of NDPS Act alleging that the petitioner cultivated Ganja plants among Tapioca plants in his land. After investigation, the respondent police filed the charge sheet and the same was taken on file in Special Case No.14 of 2021 on the file of the Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Villupuram. The learned Magistrate, on conclusion of trial, found the petitioner guilty for the offences under Sections 8(b) read with 20(a)(i) of

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NDPS Act and convicted and sentenced to undergo rigorous imprisonment for

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https://www.mhc.tn.gov.in/judis

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CRL MP No.3184 of 2025 in CRL A No.203 of 2025

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10 years and imposed fine of Rs.1 lakh.

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Challenging the said Judgment of conviction and sentence, the

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petitioner has preferred the present appeal in Crl.A.No.203 of 2025 and pending

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appeal, he has filed t he present petition seeking to suspend the sentence of

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imprisonment imposed by the Court below.

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The learned counsel for the petitioner/appeallant submitted that there

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are several arguable points and that the petitioner has got a good case for acquittal and prayed that the substantive sentence of imprisonment imposed

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against the petitioner may be suspended.

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