IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 475 OF 2022
SC (NDPS) 9/2018 OF THE COURT OF THE SPECIAL JUDGE FOR NDPS ACT CASES ,
THODUPUZHA, IDUKKI
PETITIONER/APPELLANT:
SIVAPRASAD AGED 38 YEARS S/O SASIDHARAN, MALAYILTHEKKETHIL (H),
PARUMALA KARA, KADAPARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA
DISTRICT, PIN - 689626
RESPONDENT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence imposed on the
petitioner in S.C(NDPS) No.9/2018 on the files of the Special Judge for
NDPS Act Cases,Thodupuzha.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.K.V.ANIL KUMAR, SWAPNA VIJAYAN,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
p.t.o
MARY JOSEPH, J
----------------------------------------------
Crl.M.A.No. 01 of 2022
in
Crl.Appeal No. 475 of 2022
-----------------------------------------------
Dated this the 27th day of May, 2022
ORDER
This is an application filed under Section 389(1) of the Code of Criminal Procedure, (for short 'Cr.P.C') seeking to suspend the execution of the sentence imposed by the judgment assailed in the appeal. It is found that the petitioner has been convicted and sentenced to undergo rigorous imprisonment for four years and pay a fine of Rs.1,00,000/- for an offence under Section 20(b)(ii) (B) of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The learned Public Prosecutor on instructions submitted that criminal antecedents are not reported against the petitioner.
In the above circumstances, application stands allowed. Execution of the sentence stands suspended and the petitioner is enlarged on bail on execution of a bond by him for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court and on deposit of Rs.40,000/- towards fine amount, before that court.
Sd/-
MARY JOSEPH JUDGE al/-
27-05-2022 /True Copy/ Assistant Registrar