Dismissed¶¶34

Thenmozhi v. The State Rep.by, The Inspector of Police

Madras HC24 Jun 2026CRL MP/8661/2026

Case brief

AI extract

What is this about?

Suspension of sentence refused; Section 389(1) CrPC / Section 430(1) BNSS 2023; NDPS Act Sections 8(c) r/w 20(b)(ii)(C), 25, 29(1); commercial quantity ganja treated as offence against society; bail pending appeal denied; petitioner involved in several other cases; Coimbatore NIB CID Crime No.214 of 2016; C.C.No.145 of 2017 judgment dated 18.12.2025; 20 years rigorous imprisonment and Rs.1,50,000/- fine; Crl.A.No.451 of 2026 to be heard with Crl.A.No.54 of 2026 on 27.07.2026.

What did the court decide?

None; the petition for suspension of sentence and enlargement on bail pending appeal was dismissed. The main case (Crl.A.No.451 of 2026) was ordered to be listed for final hearing along with Crl.A.No.54 of 2026 on 27.07.2026. ¶¶34

Thenmozhi Vs The 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 sentences imposed on the petitioner by judgment dated 18.12.2025 in C.C.No.145 of 2017 (20 years RI and fine under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) NDPS Act) should be suspended under Section 389(1) Cr.P.C./430(1) BNSS 2023 and the petitioner enlarged on bail pending final disposal of Criminal Appeal No.451/2026.

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Court's answer

The court was not inclined to grant any relief to the petitioner at this stage; the Criminal Miscellaneous Petition seeking suspension of sentence was dismissed.

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Ratio / Principle

Grounds for refusing suspension of sentence: the petitioner appears to be involved in several other cases, and the quantity of ganja carried by her, as found by the Trial Court, appears to be a commercial quantity and has been treated as an offence against the society.

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Key takeaways

Registry directed to call for the records and list the main case for final hearing along with Crl.A.No.54 of 2026 on 27.07.2026; the learned Government Advocate (Crl.Side) for the respondent directed to be ready on the next date of hearing for final disposal.ratio¶¶35

Detailed headnote1 paragraphs

Madras High Court (C. Saravanan, J.) dismissed CRL MP No. 8661 of 2026 (filed in Crl.A.No.451 of 2026 under Section 389(1) Cr.P.C./430(1) BNSS 2023) by which Thenmozhi, convicted by judgment dated 18.12.2025 of the Additional District Judge/Special Court under EC Act & NDPS Act Cases in C.C.No.145 of 2017 for offences under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) NDPS Act, 1985 and sentenced to 20 years rigorous imprisonment and Rs.1,50,000/- fine, sought suspension of sentence and enlargement on bail pending final disposal of her appeal. Relief refused at this stage: the petitioner appears involved in several other cases and the quantity of ganja carried by her, as found by the Trial Court, appears to be a commercial quantity, treated as an offence against society. Registry directed to list the main case for final hearing along with Crl.A.No.54 of 2026 (appeal of co-accused A3 and A4, similarly convicted and sentenced; case against deceased A2 having abated) on 27.07.2026.

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CRL MP No. 8661 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-06-2026

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CORAM

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THE HON'BLE MR JUSTICE C. SARAVANAN

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CRL MP No. 8661 of 2026 in Crl A No.451 of 2026

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Thenmozhi W/o Ravi, Residing at, Old No.4/3, New No.70/3, Third Street, Kamaraj Nagar, Goundampalayam, Coimbatore. (Presently confined in Special Prison for Women Coimbatore).

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..Petitioner(s)

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The State Rep.by, The Inspector of Police, NIB CID, Coimbatore District. Crime No.214 of 2016.

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..Respondent(s)

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PRAYER : Criminal Miscellaneous Petition is filed under Section 389(1) of Cr.P.C., / 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, t o suspend the sentences imposed on the petitioner by Judgment dated 18.12.2025 in C.C.No.145 of 2017 by the Honble Additional District Judge/Special Court under EC Act and NDPS Act Cases, and enlarge the petitioner on bail pending final disposal of the Criminal Appeal No.451/2026 and pass such further or other orders as this Honble court.

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For Petitioner(s): R.Vijayakumar

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For Respondent(s): Mr.M.Mohamed Riyaz Govt. Advocate (Criminal Side)

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Page1 of 5

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

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CRL MP No. 8661 of 2026

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ORDER

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This application has been filed for the suspension of sentence under Section

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389(1) of Cr.P.C / 430(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) ,

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2023, pursuant to the judgment of the learned Additional District Judge / Special Court under EC Act & NDPS Act Cases, dated 18.12.2025 in C.C.No.145 of 2017.

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2.The Petitioner is the accused in the aforementioned case. She has

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been convicted by the Trial Court for offences under Sections 8(c) r/w 20(b)(ii)

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(C), 25 and 29(1) of the NDPS Act.

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3.The punishments imposed on the Petitioner/Appellant by the Trial

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Court vide its conviction dated 18.12.2025 are as follows:

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Sections under which the	Punishment
Petitioner/Appellant-Accused is convicted
Section 8(c) r/w 20(b)(ii)(C), 25 and	Rigorous Imprisonment for a period of 20
29(1) of NDPS Act, 1985.	years and fine of Rs.1,50,000/- in default, to undergo Rigorous Imprisonment for a period
	of one year each for the each of the offence u/s 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of
	NDPS Act, 1985.

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Page2 of 5

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

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CRL MP No. 8661 of 2026

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4.It is noticed that there were three other accused and that during the pendency of the trial A2 died and therefore, the case against A2 stood abated. As far as A3 & A4 are concerned, they have also been convicted under Section

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8(c) r/w 20(b)(ii)(C) and 29(1) of the NDPS Act, 1985 and sentenced to undergo Rigorous Imprisonment for a period of twenty years each and to pay a fine of Rs.1,50,000/- each in default, to undergo Rigorous Imprisonment for a period of one year each for each of the offence u/s. 8(c) r/w 20(b)(ii)(C) and 29(1) of the NDPS Act, 1985.

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5.It is informed that their appeal is also pending before this Court in Crl.A.No.54 of 2026. The Petitioner appears to be involved in several other case and the quantity of Ganja carried by the Petitioner as found by the Trial Court appears to be a commercial quantity and has been treated as an offence against the society.

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6.Considering the same, I am not inclined to grant any relief to the Petitioner at this stage and therefore, this Criminal Miscellaneous Petition is dismissed.

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7.Registry is directed to call for the records and list the main case for final hearing along with Crl.A.No.54 of 2026 on 27.07.2026.

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__________ Page3 of 5

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

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CRL MP No. 8661 of 2026

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8.The learned Government Advocate (Crl.Side) for the Respondent is

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directed to be ready on the next date of hearing for final disposal of this case.