[Cites 4, Cited by 0]
Madras High Court
Ganesan vs The State Represented By on 12 March, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
CrlMP(MD)No.11610 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CrlMP(MD)No.11610 of 2025
in
CrlA(MD)No.556 of 2024
Ganesan ...Petitioner
Vs
The State Represented by,
the Inspector of Police,
NIB CID, Dindigul,
Dindigul District.
[Crime No.31 of 20214] ... Respondent
PRAYER: Petition filed under Section 430 of BNSS, to suspend the
sentence imposed by the I Additional Special Court for NDPS Act Cases,
Madurai in CC.No.207 of 2015 dated 20.03.2024 pending disposal of the
criminal appeal.
For Petitioner : Mr.J.Jeya Aron Raja
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
1/6
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CrlMP(MD)No.11610 of 2025
ORDER
The petitioner is accused No.3 in CC.No.207 of 2015 on the file of
the I Additional Special Court for NDPS Act Cases, Madurai.
By judgment dated 20.03.2024, the petitioner was found guilty, convicted
for the offence under Section 8(c) r/w Section 20(b)(ii)(B) the Narcotic
Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo
4 years rigorous imprisonment with a fine of Rs.30,000/- in default to
undergo 12 months simple imprisonment. As against the conviction and
sentence imposed by the trial Court, this petitioner has filed an appeal
before this Court in Crl.A(MD)No.556 of 2024 and the same has been
admitted by this Court. This is the second petition filed to suspend the
sentence. The earlier petition filed by this petitioner in CrlMP(MD)No.
6595 of 2024 has been dismissed by this Court on 18.02.2025.
2.The learned counsel for the petitioner submits that the petitioner
has been convicted and sentenced to undergo the maximum punishment
of 4 years for the said offence and the petitioner has already undergone
nearly half of the sentence imposed by the trial court. He further submits
that the contraband is said to have been recovered on 20.03.2014,
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however the same has been produced before the court concerned only on
15.05.2014 with a delay of 56 days and the mandatory requirements as
required under Section 55 of the NDPS Act have not been complied with.
3.The learned Additional Public Prosecutor raised objections that
the petitioner is having six previous cases, of which, four cases are
similar in nature,
4.The petitioner has raised certain arguable points in this petition,
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. The petitioner has already undergone half of the sentence imposed
on him. Considering the period of sentence imposed, the period of
incarceration already undergone and for the reason that the appeal could
not be taken up immediately, this Court is inclined to allow this petition,
however with stringent conditions.
5.Accordingly this petition is allowed and the substantive sentence
of imprisonment imposed on the petitioner alone is suspended pending
disposal of the criminal appeal on the following conditions:
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(i) The petitioner is ordered to be enlarged on bail on executing a
bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties
each for a like sum to the satisfaction of the I Additional Special Court
for NDPS Act Cases, Madurai and one of the sureties must be a
government servant and the other must be a respectable person in the
locality.
(ii) The petitioner and the sureties shall file an affidavit before the
respondent police that the petitioner will not misuse this liberty and will
not indulge in any further offence.
(iii) The petitioner shall report before the respondent police daily
at 10.30 am.
(iv) If the petitioner violates any of the conditions, the respondent
police shall move an application to cancel the order of suspension of
sentence of imprisonment.
12.03.2026
Index : Yes / No
DSK
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To
1.The Inspector of Police,
NIB CID, Dindigul,
Dindigul District.
2.I Additional Special Court for NDPS Act Cases,
Madurai.
3.The Superintendent,
Central Prison,
Trichy.
Copy to
The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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B.PUGALENDHI.J.,
DSK
12.03.2026
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