Fourth accused convicted under Section 29(1) r/w 20(b)(ii)(C) of the NDPS Act sought suspension of his 10-year sentence pending appeal over a 30 kg ganja seizure. The High Court noted his bad antecedents including four pending murder cases and declined to suspend the sentence.
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.MP.(MD)No.5456 of 2024 in Crl.A.(MD)No.451 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 22.09.2025
Pronounced on : 26.09.2025
CORAM
THE HONOURABLE MR JUSTICE K.MURALI SHANKAR
CRL MP(MD) No.5456 of 2024 in CRL A(MD) No.451 of 2024
Sekar
Petitioner/ Appellant
Vs
1.The Inspector of Police, Keeraithurai Police Station, Madurai District. (Crime No.97 of 2021)
2.The Commissioner of Police, Madurai City, Madurai.
Respondents
(R2 is suo-motu impleaded as per order of the Court dated 17.04.2025 in Crl.M.P.(MD)No.5456 of 2024 in Crl.A.(MD) No.451 of 2024)
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Prayer in CRL MP(MD).5456 of 2024 : This Criminal Miscellaneous Petition filed under Section 389(1) of Criminal Procedure Code, praying to suspend the sentence imposed by the learned I Additional Special Court for NDPS Act Cases, Madurai in C.C.No.324of 2021 vide judgment dated 29.02.2024 and to enlarge the petitioner on bail pending disposal of the above said criminal appeal.
Prayer in CRL A(MD).451 of 2024 : This Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, praying to call for the entire records and set aside the sentence and conviction imposed in C.C.No.324 of 2021 on the file of learned I Additional Special Court for NDPS Act cases, Madurai vide judgment dated 29.02.2024.
For Petitioner: M/s.Mamtha Pandey
For Respondents: Mr.B.Thanga Aravindh Government Advocate (Criminal Side)
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence
imposed on the petitioner / fourth accused by the learned Additional District
Judge, I Additional Special Court for NDPS Act Cases, Madurai, in C.C.No.324 of 2021 dated 29.02.2024, till the disposal of the criminal appeal.
when the Sub Inspector of Police, Keeraithurai Police Station was on duty, received a secret information that the accused 1 and 2 are smuggling ganja to sell
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it to Keeraithurai area and if the police accompanies him, he would identify them. The Sub Inspector of Police, after getting permission from the Inspector of Police, proceeded to that place along with Sub Inspector of Police Arun, Head Constable Balamurugan and Grade I Constables Sakthi Kumar and Kannu and at about 11.15 a.m., on seeing the police party, two persons attempted to escape from that place but were caught hold by the police team and on enquiry, the first accused gave a confession statement and on that basis, two white color polythene gunny bags was produced by the first accused and the police party came to know that 15 kgs of ganja were stacked in each of the gunny bags and total weight is 30 kgs and both the accused 1 and 2 were arrested. Hence, FIR came to be registered in Crime No.97 of 2021 for the offences under Sections 8(c) r/w 20(b)(ii)(C) and 29(1) of the Narcotic Drugs and Psychotropic Substances (hereinafter referred as 'NDPS') Act and on the basis of the confession of the first accused, the accused 3 and 4 were added.
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29(1) of the NDPS Act and the same was pending on the file of the I Additional Special Court for NDPS Act Cases, Madurai.
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under Section 29(1) of the NDPS Act and acquitted the third accused from all the charges. Aggrieved by the impugned judgment of conviction and sentence, the fourth accused has preferred the present appeal along with the above miscellaneous petition for suspension of sentence.
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sufficient reasons to hold that Section 42 of the NDPS Act is not applicable to the present case, that the learned trial Judge had given proper findings that Sections 50 and 57 of the NDPS Act were duly complied with, that non-compliance of Section 52(A) of the NDPS Act is not fatal to the case, that the contradictions pointed out by the petitioner were rightly discarded as the same were of trivial and immaterial in nature, that the prosecution has proved its case beyond any reasonable doubt and that the learned trial Judge, considering the evidence available on record and applying the legal position, has rightly convicted the accused 1, 2 and 4 including the petitioner and acquitted the third accused.
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challenged, has come to a decision that the provision of Section 50(1) of the NDPS Act is duly complied with and taking note of the evidence of P.W.2 and P.W.3, the learned trial Judge has held that there is substantial compliance of Section 57 of the NDPS Act.
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conducting the defence. It is not the case of the petitioner that he was denied sufficient opportunity to defend the proceedings. Since the petitioner himself had engaged his counsel, after conviction, he cannot put the entire blame on his counsel and escape from the consequences. Since the prosecution witnesses P.W.1, P.W.3 and P.W.4 were not cross-examined by the petitioner's side, their evidence against the petitioner remains unchallenged, as noted by the learned trial Judge.
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allegedly levelled and proved against the petitioner and also taking note of the bad antecedents and the period of the imprisonment imposed, this Court is not inclined to suspend the sentence imposed on the petitioner at this point of time.
clarified that the observation made in this order are solely for the purpose of deciding the petition for suspension of sentence.
26-09-2025
CSM
To
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2 issues framed by the court
Should the sentence of 10 years RI imposed on the fourth accused for an offence under Sections 29(1) r/w 20(b)(ii)(C) NDPS Act be suspended pending appeal?
Did the petitioner's failure to cross-examine P.Ws.1, 3 and 4 leave their evidence unchallenged against him?
6 provisions across 2 enactments
Sekar
The Inspector of Police, Keeraithurai Police Station, Madurai District (Crime No.97 of 2021)
The Commissioner of Police, Madurai City, Madurai
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
