Andhra Pradesh High Court - Amravati

Pandian Another vs The State Of A.P. on 28 November, 2022

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
MONDAY, THE TWENTY EIGHTH DAY OF NOVEMBER
FW THOUSAND AND TWENTY TWO
'PRESENT:
NONOURABLE SRI JUSTICE AV RAVINDRA BABU
GCRINUNAL APPESL" NO: 888 OF 2090
Between:

{. Pandian Sfo Balaswamy Devar, Aged ahout $0 yrs, Caste: Devar, Ryo
Meelupalti Vilage. Mekularnatti Sost, Uslarnpatti Talug, Madurai District,
Tarn Nadu.

Palani, Sfo Perumaila Devar, aged about 48 yrs, Casie Davar, Ria Kaclupati
Vidage, Mekularpatli Fost, Uslampatti 7 Falug, Madurai Distriet, Tamilnadu
Sate

n>

Apellaris/Accused
AND
The State, Frohibdion and Excise Insp sector, Mangaladii, Guniur District, Rep
by Public Prosecutor, High Court of Aneh va Pradesh.
Respodent

Appeal under Section 874 of CrP, Preferrad against the canvictio:
Sanus | imposed aes the appellants, through judgment dated 29.04.20 2010 | ir
S.C.No.4 of 2010 on the Mle of the | Add! Sessions Judge, Guntur.

iA NO: 2 OF 2010 (ORLA MP NO. 1872 OF 2010)

Patiion under Section 482 CrP. praying that in the sree ees stated in
the memorandum of of grou nds fied In suppart of the petition, the Hign Court may be

please u io rnodidy the < order dated 03-08-2010 made in Crha. MR. oe 1D 75 of £010
m CrANe. 885 of 2010 by further reducing the fine amount from Re 8G, 000/-
Rupees fifty thousand only} to Rs. 7G,000% (fupees ten thousand only}, cending
disposal of C/RLA O85 of 2010, on the file of the High Court.

IA NO: 1 OF 2010 (CRLA MP NO. 1073 OF 2040)

Patifon uncer Section 274 (1) Cr. P.O praying that in the cu UMSIANO slaied
in fhe memorandum of grounds fled in suppor of the petition, the High Cou amay bs
giaased fio enlarge the petitioners an bail by suspending the operation of fhe
HUGG! ment and Sertence imposed in S.C\No.4 of S070 oan the fie of the | Adal,
Sessions Judges, funtur, dated 28.04 2016, pending disnosal af CNLA GBS of BOYD,
on the fie of fhe High Court.

The Appeal comming on for hearing, upan perusing the Appeal and the
memdaandum of grounds fed in support thereof and the Orders of the Nigh Court
dated 19.05 2040, 06.06.2010 & O4.10. 2010 made herein and upon hearing the

arguments of Sri N. Harnnath, Learned Counse! represe ning Ga Ch Ravindra Rab ou,
Advecate for the Appellants and of PUBLIO PROSECUTOR for the respondent and
the Gouri made the flowing.


ORDER:

"Sr) N. Harinath, learned counsel, representing learned counsel far the appellants, represented that both the appeailants are residents of Tamilnadu and the counsel! has no instructions, whatsoever, 88 auch appropriate orders

may be passed,

As this appeal is fled against the conviction recorded by the Special Court under NOPS Act and this Court already guapended the semience of imprisonment in the order dated 03.08.2010, which was reiferated an 4.10. 2020, and as the appellants having got the sentence suspended are not approaching the counsal to give instructions, if is necessary, in the interest of hustice, to

secure thelr presence by coercive steps.

lasue Non-Ballable Warrants againat beth the appellants through the Superintendent of Police, Guntur, directing the Superintendent of Police, tp cause the execution of Non-Ballable Warrants and produce them before the { Additional District and Sessions Jucige, Guntur to carry out the sentence of

imprisonment imposed againat tham, pending disposal of appesi.

On such production before the Court below, the Court below is directed

fe submit necessary information fo this Court. Liston 18.12.2022."

SO). S.V.S.R. MURTHY

JOINT REGISTRAR TRUE COPY! Lee SECTION OFFICER To,

4. The | Additional District and Sessions Judge, Guntur. (BY SPEEDPOST)

3 The Superintendent of Police, Guntur, Guntur Pustrict. 'BY SPL. MESSENGER)

3. The Superintendent, Cemiral Frison, Guntur

4 The Stetion House Offeer, Pronikt te sy & Excise, Mangalagin, Guntur District.

& Si Fandian S'o Galaswarmy Dever, Aged about JO yrs, ror asia: Devar, B/G Seelupatii Vilage, Mesularpatli Fost, Usiary atti Talua, Madurai Oistrict, Tai MH Nadu.

&. Sq Palani Sfo Perumalla Devar, agea about 48 yrs, Gaste Clavel, Rio Kaelupaiti Vilage, Mekularpatl Poet, Usi ampatt Fa es Madurai District, Yamilnadu Slate. (Addresses i to 2 by RRAD along with a onpy of pelitier and marnorandum of grounds}

7. One OC to SRICH RAVINDRA Aevoca PORUC)

8 Two OCs fe Public Prosesuter, High Court of ALP (QUT)

G. One spare copy MPR

HEH COURT

AYRE J

DATED S81 e0e2

LEST ON 16.78. 2088

CROER

CRLA.NG.GES of 2010

DIRECTION

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! MONDAY, THE TWENTY ENGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TY 'PRESENT:

. HONOURABLE SRI JUSTICE AV RAVINDRA BABU CRIMINAL APPEAL NO: 685 OF 20170

Sehyveen:

1. Pandian Sfo Balaswarmy Devar, Agad about 30 yrs, Caste: Devar, Rio Realupati Vilage, Mekularpaili Post, Uslampatt Taluq, Madurai Disty it,

Tarn) Nadu.

Palani, Sfo Perumalla Dever, aged about 48 yrs, Caste Devar, R'o Keelupatti Village, Mekularpatti Post, Uslampatti Talug, Madural District, Tamilnadu State

NSS .

Apallanta/Accused AND The State, Prohibition and Excise inspector, Manga: agiri, Gurfur District, Rep by Public Prosecutor, High Court of Anca Fradesh. Reapodant

Anpeal under Section Q74 of Or. PG, Preferred against the conviction and ts) nlence imposed against the appel ania, through judgment dated 29.04 2070 in S.D.No.4 of 2070 on the He of the Addl. Sessions Judge, CU,

The Superintendent of Police, Sauntur.

Whereas on Thursday, 36" day of Apri, 2016, (4) Sri Pandl lan S/o Balaswamy Devar, Aged about 30 yrs, Caste: Devar, Rfo Keelupatti V Hage, Mekularpatt i Post, Uslampatti Talug, Madurai District, Tami Nadu and (2) Sri Palani, Svo Perumaila Devar, aged abaut 48 yrs, Casie Devar, Rio Kealupatti Village, Makularpattl Past, Uslampaiti Talug, Madurai District, Tamilnadu Slate were convicted by | Addiional District and Sessions Judge, Guntur of the offence under section 8{c} read with 20(--x) c of Narcotic Drugs and Psychotropic substances Act, 4985 and were sentenced ta UNGEga Rigarous Imprisonment for 10 years (Ten years) each and aiso to pay a fine of Rs.1,00,000/. each (Rupees Cine Lakh each), In default, simple imorisonment for two years, with set off under section 428 of Ur. PO to the periad already undergone by them.

sere,

Whereas both the accused persons, having fled Criminal Appeal No. G85 of O10 against the judgment daiad 28.04 2040 of I Andon Matrict and Sessions judge Guntur, before this Court and having got suspended the sanience of imprisonment in the Order dated 03,08 2079, which was refleraiad on 64. 10. 2080, are not approaching the counsel fo give instructions.

ees,

Therefor, you vir:

The Superiniandent af Police, Guru,

are hereby directed fo exects the Warrant of arrest by arresting fhe said appellaniyfaccused vig) 7. On pandlan Sfo Balgaswamy Devar, Aged about SU yrs Caste: Devar, Rio Keelupatt Vilage, Mekularpatt) Post, Uslampatt T 'alug, Madura Dhetrict, Tamil Nadu and <. s: Palani, Sie Perumalia Devar, ag eo abaut 48 vis Oaste Devar, Rfo Kealunal Village, Mekularmaili Post, Uslamoatti 7 Talua, Madurai cH strict, Tariinady State., wherever they are found and produce them bodily under safe custody befors |. Add ftanal District and Sessions Judge, tauntur, to carry out fhe sentence of immrsonment imposed against them, pending disposal of Crimina Appeal on the fle of this Court

LEGS, Guntur, the sail Court shall submit the necessary : informatio 3, aS

"hat an such production of the appellanisfaccused before [ Additional Distric af ssible preferably an or before 16.172.202 fo this Court

Merain fal rot.

To, {. The Superintendent of Palins, Guniur. (By Speed Post) =. One spare copy.

NPAC

HGH GOURT

AYERS,

DATED SRA 2022

LIST ON 18.12.2022

ORDER

' CRLANo 88 of 2070

NON-BAILABLE WARRANT