Kerala High Court
Junaid vs State Of Kerala on 3 October, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Thursday, the 3rd day of October 2024 / 11th Aswina, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.1889 OF 2024
SC (NDPS) 9/2020 OF THE SPECIAL COURT FOR NDPS ACT CASES, THODUPUZHA
APPLICANTS/APPELLANTS:
1. JUNAID, AGED 29 YEARS, S/O MUHAMMADALI, PERULIL VEETTIL,
THALAKADATHUR KARAYIL, CHERIYAMUNDAM VILLAGE, THIRUR THALUK,
MALAPPURAM, PIN - 676101.
2. SIYAD, AGED 36 YEARS, S/O MUHAMMADALI, PANGATH HOUSE,
THALAKKADATHOOR KARA, CHERIYAMUNDAM VILLAGE, THIRUR TALUK,
MALAPPURAM, PIN - 676106.
3. SUMESH, AGED 28 YEARS, S/O MOHANDAS, MUTHEDATHU HOUSE, MEENADATHOOR
KARA, THANOOR VILLAGE, THANOOR TALUK, MALAPPURAM, PIN - 676302.
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY 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 sentence awarded to the
petitioners/appellants/accused 1, 2 and 3 in the judgment dated 28.09.2024
in SC No.09/2020 on the files of the Special Judge for NDPS Act Cases,
Thodupuzha, pending the final disposal of the appeal and release the
petitioner on bail.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.NANDAGOPAL S.KURUP, ADITH KIRAN
R.S., Advocates for the petitioners and of the PUBLIC PROSECUTOR for the
respondent,the court passed the following:
P.T.O.
K.BABU, J
-------------------------------------------------
Crl.M.A No.1 of 2024
in
Crl.A No.1889 of 2024
-------------------------------------------------
Dated this the 3rd day of October, 2024
ORDER
Heard both sides.
2. The petitioners/appellants are accused Nos. 1 to
3 in SC(NDPS) No.9 of 2020 on the file of the Special
Court for NDPS Act Cases, Thodupuzha. They were
convicted under Sections 20(b)(ii)(B) and 29 of the
NDPS Act. They were sentenced to undergo rigorous
imprisonment for a period of three years and pay a fine
of Rs.75,000/- each.
3. The learned Public Prosecutor opposed the
application seeking suspension of sentence.
4. The disposal of the appeal is likely to take time.
Having regard to the fact that the maximum sentence
imposed is three years of imprisonment and the disposal
Crl.M.A. No.1/2024 in
of the appeal is likely to take time, this Court feels that
execution of the sentence imposed on the petitioners is
liable to be suspended on conditions. Therefore, the
execution of the sentence imposed on the
petitioners/appellants shall stand suspended and bail
granted to them on the following conditions:-
i. The petitioners/appellants shall execute a bond
for Rs.1,00,000/- (Rupees One Lakh only) each
with two solvent sureties each for the like sum
to the satisfaction of the trial Court.
ii. The petitioners/appellants shall also deposit the
entire fine amount in the Trial Court within two
months from today.
iii. The petitioners/appellants shall appear before
the Investigating Officer on the first Wednesday
of every month between 10.00 AM and 11.00
AM.
Sd/-
K.BABU JUDGE
kkj
03-10-2024 /True Copy/ Assistant Registrar
