Madras High Court
Arumugam vs State By on 1 March, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Criminal Appeal No.663 of 2015
Crl MP No.5597 of 2023
1. Arumugam
2. Sakthivelraja .. Appellants /Accused 2 and 4
Vs.
State by
The Inspector of Police,
D-4 Otteri Police Station,
Kancheepuram District .. Respondents/Complainant
Appeal filed under section 374(2) of Code of Criminal
Procedure, to setaside the conviction of the appellants in C.C.No.43
of 2012 dated 12.09.2015 by the learned I Additional Special Judge
for NDPS and EC Act cases, Chennai 600 104.
For Appellant : M.S.Charles
For Respondent : Mr.L.Baskaran
Government Advocate
[Crl. Side] for R1
https://www.mhc.tn.gov.in/judis
2
JUDGMENT
This Criminal appeal was filed against the
judgement and order passed by the learned First Additional
Special Court for EC and NDPS Act cases and Principal Special
Judge, Chennai in C.C.No.43 of 2012, dated 12.09.2015
convicting and sentencing the appellants (A2 and A4) for an
offence under Section 8(c) r/w Section 20(b) (ii) (c) of the NDPS
Act and sentenced them to undergo Rigorous Imprisonment for
10 years each and to pay a fine of Rs.1,00,000/- each and in
default to under go two months Rigorous imprisonment.
2. The appellants were acquitted from the charge
under Section 8 (c) r/w Section 29 of the NDPS Act. The Court
below also directed the period already undergone by the
appellants to be set off under Section 428 of Cr.PC.
3. When the matter came up for hearing on
22.02.2023, this Court passed the following order :-
https://www.mhc.tn.gov.in/judis
When the matter was taken up for hearing on
05.01.2023, there was no representation on the side of
the appellants. It is seen from records that the
appellants were arrested and imprisoned from
04.05.2012 onwards. The Court below had convicted
the appellants for offence under Section 8(c) r/w
Section 20(b)(ii)(C) of the NDPS Act and sentenced
each of the appellant to undergo 10 years Rigorous
Imprisonment and to pay fine of Rs.1,00,000/- each
and in default to undergo 2 months Rigorous
Imprisonment. It is not known as to whether the
appellants have already undergone the sentence.
2.The learned Government Advocate is directed
to immediately take instructions from the
Superintendent of Prisons, Central Prison, Puzhal as
to whether the appellants have already undergone the
entire period of sentence.
3.Post these Criminal Appeals under the caption
"for orders"on 01.03.2023.
4. When the matter was taken up for hearing today, the
learned Government Advocate produced the written instructions
received from the Superintendent of Prisons, Central Prison, Puzhal.
The details that are provided in the written instructions are
https://www.mhc.tn.gov.in/judis
extracted hereunder :-
Sl.No. CT No.Name Police Station Trial Court Sentence Date Date
and Father's Cr. No. and of of
Name Conviction Admis releas
details sion e on
in expiry
prison of
senten
ce
1. No.6030 U/s.8(c)
Arumugam r/w.20(b) (ii) 12.09. 04.07.
S/o.Murugesan (c) of NDPS 2015 2022
Act –
Rigorous
Imprisonment
for 10 years
2. No.6032 I Additional 12.09. 04.07.
and fine
Sakthivel Raja Special Judge 2015 2022
Rs.1,00,000/-
S/o.Murugesan D-4 Otteri Police for EC and
i/d Rigorous
Station Cr.No.287 of NDPS Act
Imprisonment
2012 cases
for 2 months
C.C.No.43/20
and the period
undergone by
the prisoner in
remand was
ordered to be
set- off
[04.05.2012 to
11.09.2015]
5. It is clear from the above that the appellants have
already undergone the entire sentence and they have been released
after the expiry of the sentence.
6. In the light of the above development, there is no need
https://www.mhc.tn.gov.in/judis
for this Court to go into the merits of the case and the written
instructions received from the concerned authority and the
submissions made by the learned Government Advocate is recorded
and this Criminal Appeal stands closed. Consequently, the connected
miscellaneous petition is closed.
01.03.2023
Internet : Yes/No
Index : Yes / No
rka
To
1. I Additional Special Judge for NDPS and EC Act cases,
Chennai 600 104.
2. The Judicial Magistrate No.2, Vellore.
3.The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH.,J
rka
Crl.A.No.663 of 2015
01.03.2023
https://www.mhc.tn.gov.in/judis
