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Chithraivel @ Surya v. The State of Tamilnadu

Madras HC8 Apr 2025CRL MP(MD)/1871/2025

Case brief

AI extract

What is this about?

Suspension of sentence petitions closed; NDPS Act S.8(c) r/w 20(b)(ii)(C) conviction, 10 years RI, Rs.1,00,000/- fine; Arms Act S.25(1-B)(b), one year, Rs.5,000/- fine; C.C.No.388 of 2021; split-up case C.C.No.387 of 2022; appeals Crl.A.(MD)Nos.182 and 263 of 2025 admitted; connected appeal Crl.A.(MD)Nos.705 of 2023 reserved for judgment; main appeals listed for final hearing first week of June 2025; Madurai Bench of Madras High Court; Justice B.Pugalendhi; order dated 08.04.2025.

What did the court decide?

No suspension of sentence was granted or refused on merits; both miscellaneous petitions were closed, with directions to the Registry to prepare the typed set of papers and to list the main appeals (Crl.A.(MD)Nos.182 and 263 of 2025) for final hearing in the first week of June 2025. ¶37

Chithraivel @ Surya Vs The State of Tamilnadu — Narcotics (NDPS) | Madras HC (2025)

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Crl.M.P.(MD)No.1871 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2025

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CORAM

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THE HONOURABLE MR JUSTICE B.PUGALENDHI Crl.M.P.(MD)Nos.1871 and 2654 of 2025 in Crl.A.(MD)Nos.182 and 263 of 2025

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Crl.M.P.(MD)No.1871 of 2025 Chithraivel @ Surya, S/o.Kalimuthu, 5-91, Kallikudi Village, Thirumangalam, Madurai – 625 701.

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Petitioner(s)

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versus

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The State rep. by The Inspector of Police, Subramaniapuram Police Station, Madurai District.

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Respondent(s)

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For Petitioner(s):

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Mr.R.Vignesh Advocate

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For Respondent(s):

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Mr.T.Senthilkumar, Additional Public Prosecutor

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Crl.M.P.(MD)No.2654 of 2025

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Lakshmanan @ Thalumbu Lakshmanan, S/o.Manoharan, No.70/92, Gandhi Nagar, Kappalur, Madurai District.

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Petitioner(s)

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versus

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

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Crl.M.P.(MD)No.1871 of 2025

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The State rep. by The Inspector of Police, Subramaniapuram Police Station, Madurai District.

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Respondent(s)

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For Petitioner(s): Mr.M.Vivek Kumar Advocate

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For Respondent(s): Mr.T.Senthilkumar, Additional Public Prosecutor

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COMMON ORDER

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The petitioners are 1^st and 4^th accused in C.C.No.388 of 2021 on the file of the I Additional Special Court for NDPS Act Cases, Madurai. They were charged along with five other accused for the offence under Section 8(c) r/w. 20(b)(ii)(C), 25, 29(1) of NDPS Act and 25(1)(B)(b) of Arms Act. The case as against the 7^th accused was split up in C.C.No.387 of 2022. After the trial, the Trial Court, by its Judgment dated 12.05.2023, found the petitioners guilty for the offence under Section 8(c) r/w. 20(b) (ii)(C) of NDPS Act and 25(1-B)(b) of Arms Act and convicted and sentenced them as under:

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

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2/4

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Crl.M.P.(MD)No.1871 of 2025

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(i) for the offence under Section 8(c) r/w. 20(b)(ii)(C) of NDPS Act, to undergo rigorous imprisonment for 10 years each and to pay a fine of Rs.1,00,000/- each, in default, to undergo simple imprisonment for a further period of 12 months each.

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(ii) for the offence under Section 25(1-B)(b) of Arms Act, to undergo one year imprisonment and to pay a fine of Rs.5,000/-.

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Challenging the Judgment of conviction and sentence, the 1^st accused has preferred an appeal in Crl.A.(MD)No.263 of 2025 and the same has been admitted by this Court on 28.02.2025. The 4^th accused has preferred an appeal in Crl.A.(MD) No.182 of 2025 and the same has been admitted by this Court on 14.02.2025. They have also moved these petitions seeking to suspend the sentence imposed by the trial Court.

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The learned Additional Public Prosecutor opposed to grant suspension of sentence that as against the Judgment of conviction and sentence, the 3^rd accused has preferred a criminal appeal before this Court in Crl.A.(MD)Nos.705 of 2023 and this Court also heard the appeal and reserved it for Judgment. Therefore, these appeals may also be taken up for final disposal.

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

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Crl.M.P.(MD)No.1871 of 2025

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