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Palanisamy v. State rep.by, The Inspector of Police

Madras HC10 Mar 2026CRL MP/1961/2026

Case brief

AI extract

What is this about?

Suspension of sentence under S.389(1) Cr.P.C. r/w S.430(1) BNSS 2023; NDPS Act 1985 convictions S.8(c) r/w 20(b)(ii)(B) and S.25 r/w 20(b)(ii)(B); intermediate quantity ganja 1.400 Kg; alleged violations of Sections 42, 50, 57 NDPS Act; no independent witnesses; Special Court under EC/NDPS Act Salem; Spl.C.C.No.61 of 2021; Crl.A.No.133 of 2026 pending; bond Rs.10,000 with two sureties; monthly appearance condition; Madras High Court; Justice A.D. Jagadish Chandira; NIBCID Salem.

What did the court decide?

Suspension of sentence till disposal of Crl.A.No.133 of 2026, subject to execution of a bond for Rs.10,000/- with two sureties each for a like sum before the Special Court under EC/NDPS Act, Salem, and appearance before the trial Court on the first working day of every English calendar month at 10.30 a.m. until further orders. ¶39

Palanisamy Vs State rep.by, The Inspector of Police — Narcotics (NDPS) | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the sentence of imprisonment imposed on the petitioner/appellant in Spl.C.C.No.61 of 2021 should be suspended and he enlarged on bail pending disposal of Crl.A.No.133 of 2026. +1 more

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Court's answer

The Court held that, considering the facts and circumstances and the submissions of counsel, and since the contraband is of intermediate quantity alone, the sentence of imprisonment can be suspended on certain conditions till the disposal of the Criminal Appeal.

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Ratio / Principle

Suspension of sentence was granted on the condition that the petitioner/appellant execute a bond for Rs.10,000/- with two sureties, each for a like sum, to the satisfaction of the Special Court under EC/NDPS Act, Salem.

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Key takeaways

Further condition of suspension: the petitioner/appellant shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.ratio¶38

Detailed headnote1 paragraphs

Madras High Court (A.D. Jagadish Chandira, J.), 10-03-2026 - Crl.M.P.No.1961 of 2026 in Crl.A.No.133 of 2026: Palanisamy, convicted by the Special Court under EC/NDPS Act, Salem in Spl.C.C.No.61 of 2021 (dated 28.01.2026) under S.8(c) r/w 20(b)(ii)(B) and S.25 r/w 20(b)(ii)(B) of the NDPS Act, 1985 (4 years R.I. each, with fines of Rs.3,000/- and Rs.2,000/-, in default 6 months S.I.), sought suspension of sentence pending his Criminal Appeal, urging violations of Ss.42, 50 and 57 NDPS Act, absence of independent witnesses, and that the seized 1.400 Kg of ganja was intermediate quantity. Finding the contraband to be of intermediate quantity alone, the Court suspended the sentence till disposal of the appeal, conditioned on a Rs.10,000/- bond with two sureties and monthly appearance before the trial Court.

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CRL MP No. 1961 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10-03-2026

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CORAM

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THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

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Crl.M.P.No.1961 of 2026 in Crl.A.No.133 of 2026

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Palanisamy S/o.Vengatajalam

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..Petitioner(s)

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Vs.

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State Rep. by, The Inspector of Police, NIBCID, Salem.

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..Respondent(s)

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Prayer: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C. r/w 430 (1) of BNSS, 2023, seeking to suspend the sentence imposed in Spl.C.C.No.61 of 2021 dated 28.01.2026 passed by the Special Court under EC/NDPS Act, Salem and enlarge the petitioners on bail pending disposal of the above Criminal Appeal.

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For Petitioner(s): Mrs.S.Sengkodi For Respondent(s): Ms.J.R.Archana Government Advocate (Crl. Side)

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ORDER

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This Criminal Miscellaneous Petition has been filed by the petitioner / appellant, seeking suspension of sentence, imposed by the Special Court under EC/NDPS Act, Salem vide judgment in Spl.C.C.No.61 of 2021 dated 28.01.2026.

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

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CRL MP No. 1961 of 2026

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The conviction and sentence imposed against the petitioner / appellant

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is as follows:-

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	*Under Section*	Se	*ntence*
8(c) r/w Act, 1985	20(b)(ii)(B) of NDPS	4 years R.I. Rs.3,000/-, in 6 months S.I.	and a fine of default, to undergo
25 r/w 20 1985	(b)(ii)(B) of NDPS Act,	4 years R.I. Rs.2,000/-, in 6 months S.I.	and a fine of default, to undergo

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3.Learned counsel for the petitioner / appellant would submit that there are procedural violations by the respondent police and Sections 42, 50 and 57 of NDPS Act have been violated. The trial Court, without taking into consideration of the same, has convicted the accused. Further, there are no independent witnesses to the occurrence and all the witnesses are police officials. He would further submit that the petitioner / appellant has no other case pending against him and the alleged contraband is an intermediate quantity.

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4.It is the further submission of the learned counsel for the petitioner/appellant that there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the petitioner/appellant has got a fair chance of succeeding in the Criminal Appeal and hence, the sentence imposed against the petitioner/appellant may be suspended and the petitioner/appellant may be enlarged on bail.

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

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CRL MP No. 1961 of 2026

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5.Learned Government Advocate (Crl. Side) would submit that based on

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the information received, when the respondent police intercepted and conducted a search, the petitioner / appellant was travelling in a two wheeler and he was found to be in possession of 1.400 Kg of Ganja and the trial Court has rightly taken into consideration the evidence on record and convicted the accused as above. She added that the prosecution has proved the case beyond reasonable doubt and vehemently opposed for grant of suspension of sentence.

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Heard the learned counsel for the petitioner/appellant and Government Advocate (Crl.Side) appearing for the respondent and perused the materials on record.

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Considering the facts and circumstances of the case and also

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considering the submissions made by the learned counsel for the petitioner/appellant and that the contraband is of intermediate quantity alone, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, suspension of sentence is granted, on the following conditions:

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i.The petitioner/appellant shall execute bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the Special Court under EC / NDPS Act, Salem;

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

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CRL MP No. 1961 of 2026

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A.D.JAGADISH CHANDIRA, J.

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kas

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ii. The petitioner/appellant shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.

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