Meenakshi Sundaram Vs State By The Inspector of Police

¶1

Crl.M.P.No.8567 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 17.06.2026

¶4

CORAM:

¶5

THE HON'BLE MR. JUSTICE C.SARAVANAN

¶6

Crl.M.P.No.8567 of 2026 in Crl.A.No.1814 of 2025

¶7

Meenakshi Sundaram S/o.Pandian Keelapallivasal Theru, Near Chandran Hospital, Vathalakundu Road, Usilampatti Road, Madurai. (Now confined as a convict Prisoner in the Central Prison, Coimbatore). ... Petitioner/Appellant

¶8

/Accused 1

¶9

Vs.

¶10

The State by, The Inspector of Police, NIB CID, Coimbatore. Cr.No.35 of 2022. ... Respondent/Respondent

¶11

/Complainant

¶12

PRAYER : Criminal Miscellaneous Petition is filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence imposed against the Petitioner 16.10.2025 in C.C.No.166 of 2022, on the learned Additional District Court/Special Court for EC Act/NDPS Act Cases, Coimbatore and enlarge the Petitioner on bail pending disposal of the Criminal Appeal No.1814 of 2025.

¶13

For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.M.Mohamed Riyaz Government Advocate (Criminal Side)

¶14

1/7

¶15

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

¶16

Crl.M.P.No.8567 of 2026

¶17

O R D E R

¶18

This Criminal Miscellaneous Petition has been filed for

¶19

suspending the sentence imposed against the Petitioner on 16.10.2025 in C.C.No.166 of 2022 by the learned Additional District Court/Special Court

¶20

for EC Act/NDPS Act Cases, Coimbatore [hereinafter referred to as the Trial Court].

¶21

By the impugned Judgment dated 16.10.2025, the Trial Court convicted the Petitioner/Appellant-A1 for the offences under Section 8(c) r/w 20(b)(ii)(C), 8(c) r/w 25 and 8(c) r/w 29(1) of NDPS Act, 1985 and sentenced has follows:-

¶22

Under Section	Sentence
8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985	Fourteen years of rigorous imprisonment and a fine of Rs.1,00,000/-, in default, to undergo one year rigorous imprisonment.
8(c) r/w 29(1) of the	Fourteen years of rigorous imprisonment
Narcotic Drugs and	and a fine of Rs.1,00,000/-, in default, to
Psychotropic Substances Act, 1985	undergo one year rigorous imprisonment.
The senten	ces shall run concurrently

¶23

The Petitioner/Appellant-A1 was the driver of the subject vehicle from which 25 kgs of contraband (ganja) was seized and confiscated on 29.06.2022, following an inspection conducted by P.W.1 and P.W.2. 2/7

¶24

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

¶25

Crl.M.P.No.8567 of 2026

¶26

The impugned order records that the subject vehicle was

¶27

intercepted at Lakshmi Nagar, on the bye-pass between Bhavani and Erode, which was purportedly carrying a cargo of corn.

¶28

In the said case, apart from A3 A4 and A2 (who was reportedly the cleaner/alternate driver) were also convicted for the same offences.

¶29

According to the Petitioner/Appellant-A1, the

¶30

Petitioner/Appellant was merely a driver of the lorry and was carrying the consignment strictly under the instructions of the A4 for being delivered to A3 unaware of the contents of consignment.

¶31

On the other hand, the learned Government Advocate

¶32

(Crl.Side) would oppose the grant of suspension of sentence stating that the Petitioner/Appellant-A1, who was the driver of the lorry, on the instructions from A4, had transported Ganja.

¶33

He further submitted that the Petitioner/Appellant-A1 was

¶34

also aware of the contraband and was also in the conscious possession of

¶35

3/7

¶36

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

¶37

Crl.M.P.No.8567 of 2026

¶38

the same.

¶39

He also submitted that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution found the Petitioner/Appellant-A1 guilty and convicted him as stated above.

¶40

Heard the learned counsel for the Petitioner and the learned Government Advocate (Crl.Side) for the Respondent.

¶41

It is noticed that the other co-accused have secured orders for

¶42

Suspension of Sentence from this Court in following cases as detailed

¶43

below:-

¶44

Sl.No.	Petitioner/ Appellant	Crl.M.P.Nos.	Order dated
1	Thavasi-A2	Crl.M.P.No.24641 of 2025	11.03.2026
2	D.Sowndhar-A3	Crl.M.P.No.24232 of 2025	24.02.2026
3	Poopandi-A4	Crl.M.P.No.20923 of 2025	20.11.2025

¶45

Considering the same, I am of the view that the sentence of imprisonment can be suspended and the Petitioner/Appellant-A1 can be

¶46

4/7

¶47

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

¶48

Crl.M.P.No.8567 of 2026

¶49

granted bail on conditions. Accordingly, pending disposal of the appeal, the sentence is suspended and the Petitioner/Appellant-A1 is enlarged on bail,

¶50

subject to the following conditions:-

¶51

(i) The petitioner/Appellant-A1 shall execute a 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 learned Additional District Court/Special for EC Act/NDPS Act Cases, Coimbatore;

¶52

(ii) The Petitioner/Appellant-A1 and the sureties shall affix their photographs and Left Thumb Impressions in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity and

¶53

(iii) The Petitioner/Appellant-A1 shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.

¶54