High Court · 2025

Crl.MP.No.15373 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 13.08.2025CORAM: THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYANCrl.M.P.No.15373 of 2025inCrl.A.No.1211 of 2025Sebastin @ Michael Ratan @ Sada...PetitionerVs.The Intelligence Officer,Narcotic Control Bureau,Chennai Zonal Unit,Chennai... RespondentPRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., praying to suspend the sentence imposed on the petitioner / Appellant by the Judgment dated 03.01.2025 of the court of the Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in the above Calendar Case No.82 of 2022 convicting him for the alleged offences under Section U/s 8(C) r/w 29, 8(C) r/w 20(b)(ii)(C), 8(C) r/w 28 of the NDPS Act thereby sentencing him for 12 years for the offences U/s 8(C) r/w 29 of NDPS Act and to pay a sum of Rs.1,00,000/- as fine and 12 years for the offences under sec 8(C) r/w 20(b)(ii)(C) of NDPS Act and to pay a fine sum of Rs.1,00,000/- and 12 years for the offences under sec 8(C) r/w 28 of 1/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.15373 of 2025NDPS Act and to pay a fine sum of Rs.1,00,000/- and in default of each fine to pay to undergo simple imprisonment for 3 months and to enlarge the petitioner/appellant on bail pending disposal of the main criminal appeal.For Petitioner: Mr.L.Poovendra PerumalFor Respondent : Mr.N.P.Kumar, Special Public Prosecutor for NCBORDERThis Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed on the petitioner / Appellant by the Judgment dated 03.01.2025 of the court of the Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in the above Calendar Case No.82 of 2022 convicting him for the alleged offences under Section U/s 8(C) r/w 29, 8(C) r/w 20(b)(ii)(C), 8(C) r/w 28 of the NDPS Act thereby sentencing him for 12 years for the offences U/s 8(C) r/w 29 of NDPS Act and to pay a sum of Rs.1,00,000/- as fine and 12 years for the offences under sec 8(C) r/w 20(b)(ii)(C) of NDPS Act and to pay a fine sum of Rs.1,00,000/- and 12 years for the offences under sec 8(C) r/w 28 of NDPS Act and to pay a fine sum of Rs.1,00,000/- and in default of each fine to pay to undergo simple imprisonment for 3 months and to enlarge the 2/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.15373 of 2025petitioner/appellant on bail pending disposal of the main criminal appeal.2.The petitioner herein is an accused in CC.No.82 of 2022 on the file of the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai. He was found guilty of the offences under Sections 8(c) r/w 29, 8(c) r/w 20(b)(ii)(c), 8(c) r/w 28 of NDPS Act and he has been convicted and sentenced as under: S.No.ConvictionSentence1 Section 8(c) r/w 29 of NDPS Actto undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for three months.2Section 8(c) r/w 20(b)(ii)(c) of NDPS Actto undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for three months.3Section 8(c) r/w 28 of NDPS Actto undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for three months.Aggrieved by the same, the petitioner has filed criminal appeal along with the present miscellaneous petition.3.The learned counsel for the petitioner/A3 would submit that 3/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.15373 of 2025there are arguable points available in the Criminal Appeal and the petitioner/A3 has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/A3 may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court. 4.Per contra, the learned Special Public Prosecutor for NCB appearing for the respondent raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.5.Heard the learned counsel appearing on either side and also perused the materials placed on record.6.There are totally three accused, in which the petitioner is arrayed as A3 and he is the owner of the vehicle from which the contraband 4/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.15373 of 2025was seized. However, there is no recovery from the petitioner and he has been implicated as an accused only on the call details and images. Therefore, the petitioner has made out a prima facie case for ordering suspension of sentence by this Court. Therefore, the substantive sentence of imprisonment alone can be suspended on certain conditions. 7.Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions:(i) The petitioner is ordered to be enlarged on bail, on condition that the petitioner shall deposit the fine amount of Rs.3,00,000/- (Rupees Three Lakhs only) after deducting the amount which was already deposited by the petitioner, if any, to the credit of CC.No.82 of 2022 on the file of the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, within a period of four weeks from today. (ii) On such deposit being made, the trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this 5/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.15373 of 2025amount shall be decided at the culmination of the Criminal Appeal;(iii) Thereafter, the sentence of imprisonment alone, imposed on the petitioner/A3 shall be suspended, on his executing a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai.(iv) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; (v) The petitioner shall appear before the Trial Court daily at 10.30 a.m. for 30 days and thereafter appear before Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the criminal appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 355 of BNSS, 2023 and shall appear before the trial Court on any other day in lieu of the date of his absence, as 6/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.15373 of 2025directed by the trial Court;(vi) On the failure of the petitioner/A3, depositing the above said amount, this order shall automatically stand cancelled.8. With the above directions, this Criminal Miscellaneous Petition is ordered. 13.08.2025 (2/2) Index: Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderlok7/8 https://www.mhc.tn.gov.in/judis Crl.MP.No.15373 of 2025G.K.ILANTHIRAIYAN, J.lokTo1.The learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai 2.The Intelligence Officer,Narcotic Control Bureau,Chennai Zonal Unit,Chennai3.The Central Prison,Puzhal, Chennai4.The Public Prosecutor,Madras High Court,Chennai.Crl.M.P.No.15373 of 2025inCrl.A.No.1211 of 202513.08.2025(2/2) 8/8