Kerala High Court
Vysakh P vs State Of Kerala on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 31st day of March 2023 / 10th Chaithra, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO. 542 OF 2023
SC(NDPS) 106/2022 OF THE SPECIAL COURT (NDPS ACT CASES), VATAKARA
PETITIONERS/APPELLANTS/ACCUSED NO.1 &2:
1. VYSAKH P. AGED 23 YEARS ,S/O.JAYAPRASAD,PULIYANGIL HOUSE, ATHANIKKAL
DESOM, VALLIKKUNNU VILLAGE, THIROORANGADY TALUK, MALAPPURAM -
673314
2. VISHNU ,AGED 23 YEARS, S/O. SURESH, MUTHUVATT HOUSE, MALAPARAMBA
DESOM, CHEVAYUR VILLAGE, KOZHIKODU - 673009
RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed against
the petitioners/appellants by the judgment in S.C.No. 106/2022 on the file
of Special Court for the trial of NDPS Cases , Vadakara ,till the final
disposal of the above Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.SANTHOSH, RENJITH B.MARAR, ARUN
POOMULLI, ABHIJITH SREEKUMAR, LAKSHMI.N.KAIMAL, ARUN ANTONY , Advocates
for the petitioner and of the PUBLIC PROSECUTOR for the respondent, the
court passed the following:
p.t.o
A. BADHARUDEEN, J.
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Crl.M.A.No.1 of 2023
in
Crl.A.No. 542 of 2023
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Dated this the 31st day of March, 2023
ORDER
This is a petition filed by the petitioners/appellants to
suspend the execution of sentence passed against the
petitioners/appellants as per the judgment in S.C.No.106/2022
dated 30.03.2023 on the files of the Special Court (NDPS Act
Cases), Vatakara.
2. Heard the learned counsel for the petitioners/appellants
and the learned Public Prosecutor. Perused the judgment of
conviction and sentence imposed by the Special Court confining to
rigorous imprisonment for a period of 18 months and payment of
fine of Rs.20,000/- each by the petitioners/appellants herein.
3. It is submitted by the learned counsel for the petitioners
that, the petitioners were nabbed on the allegation that they had
possessed commercial quantity of contraband. As per the
judgment, they were found guilty under Section 22(b) r/w 29 of the
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Crl.A. NO. 542 OF 2023
NDPS Act (intermediate quantity of contraband) and the
petitioners/appellants underwent sentence for a period of 14
months starting from 30.01.2022.
4. On perusal of the judgment of the Special Court and
from the arguments advanced by the learned counsel for the
petitioners/appellants, it appears that, there is an arguable case
for the petitioners. Similarly, a major portion of sentence also
underwent by the petitioners/appellants.
In view of the above, I am inclined to suspend the
sentence imposed by the learned Special Judge as per the
judgment in S.C.No.106/2022. In the result, the petition to
suspend the sentence and grant bail to the appellants/petitioners
stands allowed on the following conditions:
i) Appellants/accused Nos. 1 and 2 shall deposit
50% (fifty percent) of fine amount imposed by the
Special Court first.
ii) The appellants/accused Nos. 1 and 2 after
deposit 50 % of the fine amount as directed as
condition No.1, shall execute bail bond for a sum of
Rs.60,000/-each with two solvent sureties each to
the satisfaction of the Special Court, within a
further period of one week and on execution of bond
they shall be released on bail.
iii) The appellants/accused Nos. 1 and 2 shall not
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Crl.A. NO. 542 OF 2023
involve in any other crimes during the currency of
bail and any such involvement, if reported or came
to the knowledge of this Court, the same is a reason
to cancel this order/suspending sentence and
consequential cancellation of bail hereby granted.
Sd/-
A. BADHARUDEEN
JUDGE
SK
31-03-2023 /True Copy/ Assistant Registrar
