Arumugam vs State By
2023 Latest Caselaw 1612 Mad

Citation : 2023 Latest Caselaw 1612 Mad
Judgement Date : 1 March, 2023

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

                       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 :-

When the matter was taken up for hearing on https://www.mhc.tn.gov.in/judis

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

extracted hereunder :-

https://www.mhc.tn.gov.in/judis

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
                                                                 I   Additional and        fine 12.09.
                  2.         No.6032                                                                     04.07.

Special Judge Rs.1,00,000/-

Sakthivel Raja 2015 2022 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.43/201 and the period 2 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

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 https://www.mhc.tn.gov.in/judis

and this Criminal Appeal stands 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.