Muhammed Musthaq vs The Sub Inspector Of Police
2021 Latest Caselaw 21726 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH
        Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943

               CRL.M.APPL.NO.1/2021 IN CRL.A NO. 718 OF 2021

       SC (NDPS) 97/2016 OF SPECIAL COURT (NDPS ACT CASES), VATAKARA
PETITIONER/PETITIONER

     MUHAMMED MUSTHAQ, S/O P.K.ABDULLA, AGED 41 YEARS, PERUVANKUZHIYIL
     HOUSE, PANDIKASALA, KOORIAD P.O, VENGARA VILLAGE, MALAPPURAM
     DISTRICT.

RESPONDENTS/RESPONDENTS

     1.THE SUB INSPECTOR OF POLICE, THIRURANGADI POLICE STATION,
     MALAPPURAM DISTRICT-673638.
     2.STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
     OF KERALA, ERNAKULAM-682031.


     Petition praying that in the circumstances stated therein the High
Court be pleased to suspend the sentence imposed on the appellant in SC
(NDPS) No.97/2016 on the file of the Special Judge(NDPS Act Cases)
Vatakara, pending the appeal.




     This petition coming on for orders upon perusing the petition and
upon hearing the arguments ofSRI. T.G.RAJENDRAN, Advocate for the
petitioner and PUBLIC PROSECUTOR for the respondents, the court passed the
following:




                    p.t.o
                         MARY JOSEPH, J
                ======================
                     Crl.M.A No.01 of 2021
                                in
                   Crl.Appeal No.718 of 2021
               =======================
           Dated this the 02nd day of November, 2021
                             ORDER

This is an application filed under Section 389 of the

Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C').

The petitioner is an accused in S.C (NDPS) No.97/2016

registered on the files of Special Judge (NDPS Act cases)

Vatakara (for short, 'the court below') for an offence

punishable under Section 20(b)(ii)(B) of The Narcotic

Drugs and Psychotropic Substances Act, 1985 (for short,

'the N.D.P.S Act). He was sentenced to undergo rigorous

imprisonment for a period of two years and pay a fine of

Rs.10,000/- and also to undergo rigorous imprisonment for

one month as default sentence. He has preferred this

appeal against the judgment and seeks to suspend

execution of the sentence imposed on him.

2. The learned public prosecutor on instructions

submitted that the petitioner does not have a similar

criminal antecedent in his credit. In the above

circumstances, the quantum involved being intermediary,

this Court is inclined to allow the application.

Crl.M.A No.01 of 2021 in

In the result, the application is allowed. The execution

of the sentence imposed on the petitioner/appellant is

suspended on execution a bond for Rs.1,00,000/- (Rupees

one lakh only) with two solvent sureties each for the like

sum to the satisfaction of the court below and on deposit of

Rs.10,000/- (Rupees ten thousand only) before the court

below within a period of two weeks.

Sd/-

MARY JOSEPH,

JUDGE

JJ/

02-11-2021 /True Copy/ Assistant Registrar