Madras High Court
Mathan @ Mathanraj 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.678 of 2015
1. Mathan @ Mathanraj
2. Eswar @ Pandeeswaran .. Appellants /Accused 1 and 3
Vs.
State by
The Deputy Superintendent of Police,
Chengai Sub Division,
D-4 Otteri Police Station,
Kancheepuram District .. Respondents/Complainant
Appeal filed under section 374(2) of Code of Criminal Procedure,
to call for the records pertaining to the judgement rendered by the
learned 1st Additional Special Court for EC and NDPS Act case and
Principal Sessions Judge, Chennai has passed an order in C.C.No.43
of 2012 vide his judgement dated 12.09.2014 by convicting both the
appellants under Section 8(c) r/w 20 (b) (ii) (c) of NDPS Act and
sentenced them to undergo 10 years RI and to pay a fine of
Rs.1,00,000/- each in default to undergo two months RI and set aside
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2
the same and consequently, acquit the appellants.
For Appellant : Mr.K.Shivakumar
Legal aid counsel (A1 and A3)
For Respondent : Mr.L.Baskaran
Government Advocate
[Crl. Side] for R1
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 (A1 and A3) 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 undergo 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
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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
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.
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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 :-
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.6029 U/s.8(c)
Madhan @ r/w.20(b) (ii) 12.09. 04.07.
Madhan Raj S/o. (c) of NDPS 2015 2022
Karnan Act – Rigorous
Imprisonment
for 10 years
I Additional and fine
12.09. 09.07.
Special Judge Rs.1,00,000/-
2. No.6031 2015 2022
D-4 Otteri Police for EC and i/d Rigorous
Pandeeswaran @
Station Cr.No.287 of NDPS Act Imprisonment
Eswar
2012 cases for 2 months
S/o.Mayan
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
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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
and this Criminal Appeal stands closed.
01.03.2023
Internet : Yes/No
Index : Yes / No
rka
To
1. The I Additional Special Judge for NDPS and EC Act cases, Chennai
600 104.
2.The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH.,J
rka
Crl.A.No.678 of 2015
01.03.2023
https://www.mhc.tn.gov.in/judis
