Sivaprasad vs State Of Kerala
2022 Latest Caselaw 5724 Ker

                    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