Madras High Court
Deivam vs State Of Tamil Nadu on 16 April, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.MP(MD) No.2832 of 2024 in
Crl.A(MD) No.194 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.MP(MD) No.2832 of 2024
in Crl.A(MD) No.194 of 2024
Deivam ... Petitioner
Vs.
State of Tamil Nadu
Represented by
the Inspector of Police,
Cumbum North Police Station,
Theni District.
(Crime No.350 of 2015) ... Respondent
Prayer: Petition filed under Section 389 (1) of BNSS to suspend the
sentence as imposed on the petitioner by judgment dated 25.09.2023
made in CC.No.211 of 2015 on the file of the II Additional Special
Court for NDPS Act Cases, Madurai forthwith and thereby enlarge
him on bail pending disposal of the above criminal appeal.
For Petitioner : Ms.S.Muthulakshmi
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
1/7
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Crl.MP(MD) No.2832 of 2024 in
Crl.A(MD) No.194 of 2024
ORDER
The petitioner is A2 in CC.No.211 of 2015. He was tried
along with A1 that A1 had transported 22 kg of ganja on 25.07.2015.
The police found the petitioner along with A1 standing in front of the
house of A1. On seeing the police party, this petitioner/A2 ran away
from the spot. A1 was arrested and the contraband was recovered from
the house of A1. According to the prosecution, A1 is having 21 cases
to his credit. This petitioner was found guilty by the trial Court along
with A1 and he was convicted for the offence under Sections 8(c) r/w
20(b) (ii)(C) of NDPS Act and sentenced to undergo 12 years rigorous
imprisonment with fine of Rs.1,00,000/- and default sentence of 12
months simple imprisonment was also imposed. As against the
sentence imposed by the trial Court, this petitioner has already filed an
appeal before this Court in Crl.A(MD) No.194 of 2024 and the same
has been admitted by this Court on 19.02.2025. This application is
moved by him to suspend the sentence.
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Crl.MP(MD) No.2832 of 2024 in
2.The learned counsel for the petitioner submits that except
the confession statement of the co-accused, there is no other material
as against the petitioner, connecting him with the commission of
offence. There is no recovery from the petitioner. Further the
prosecution witnesses are only official witnesses and there is no
independent witness. The seized contraband was not produced before
the court concerned within the time prescribed under the NDPS Act .
There is no bad antecedent against the petitioner. The petitioner is in
jail from the date of conviction, ie., from 25.09.2023. Therefore, the
learned Counsel prayed that the sentence imposed on the petitioner be
suspended pending the appeal.
3.The learned Additional Public Prosecutor appearing for the
respondent submits that the petitioner was present along with other
accused. However he fled from the place on seeing the police.
Therefore, he was prosecuted based on the confession statement of the
co-accused.
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Crl.MP(MD) No.2832 of 2024 in
4.This Court considered the rival submissions made and
perused the material placed on record.
5.The petitioner has been implicated in this case through the
confession statement of the co-accused. There is no recovery from the
petitioner and there is no other material collected against him by the
investigating officer. The petitioner has raised certain arguable points,
which can be considered only during the final hearing of the appeal.
However the appeal could not be taken up for final hearing for want of
time. Considering the points raised by the petitioner and for the reason
that the appeal could not be taken up immediately, the petitioner's
period of incarceration this Court inclined to allow this petition.
6.Accordingly this petition is allowed and the substantive
sentence of imprisonment imposed on the petitioner alone is
suspended pending disposal of the criminal appeal.
(i)The petitioner is ordered to be enlarged on bail on
executing a bond for Rs.25,000/- (Rupees Twenty Five Thousands
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Crl.MP(MD) No.2832 of 2024 in
only) with two sureties each for a like sum, to the satisfaction of the
II Additional Special Court for NDPS Act Cases, Madurai.
(ii) The petitioner shall also file an affidavit that he will not
misuse the liberty and will not indulge in any further offence.
(iii) The petitioner shall report before the Anna Nagar Police
Station, Madurai daily at 10.30 am and at 5.00pm.
(iv) If the petitioner violates any of the conditions, the
respondent police shall move an application to cancel the order of
suspension of sentence.
16.04.2025
DSK
To
1. II Additional Special Court for NDPS Act Cases,
Madurai.
2.The Inspector of Police,
Cumbum North Police Station,
Theni District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai
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Crl.MP(MD) No.2832 of 2024 in
4.The Superintendent,
Central Prison,
Madurai.
5.The Inspector of Police,
Anna Nagar Police Station,
Madurai.
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Crl.MP(MD) No.2832 of 2024 in
B.PUGALENDHI, J.,
DSK
in
16.04.2025
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