High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-02-2025CORAMTHE HONOURABLE MR JUSTICE B.PUGALENDHICRL MP(MD) No. 943 of 2025 inCrl.A(MD) No.107 of 2025Padaiyappa @ Arunkumar...Appellant/Accused No.3 VsThe State of TamilnaduThe Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.(Crime No.397 of 2022)...Respondent/ComplainantFor Petitioner: Mr.R.AnandFor Respondent: Mr.T.Senthil KumarAdditional Public Prosecutor1/7 https://www.mhc.tn.gov.in/judis ORDERThe petitioner is the third accused in CC No.1242 of 2022, on the file of theI Additional Special Court for NDPS Act Cases, Madurai. He was found guilty by thetrial Court and was convicted for the offence under Section 8(c) r/w 20(b) (ii) (C) ofNDPS Act and sentenced to undergo 10 years Rigorous imprisonment with fine ofRs.1,00,000/-, in default, he has to undergo 1 year simple imprisonment. As againstthe conviction and sentence imposed by the trial Court, the petitioner has filed aCriminal Appeal in Crl.A(MD) No.107 of 2025 and the same has been admitted bythis Court on 28.01.2025. The petitioner has also moved this application to suspendthe sentence imposed on him by the trial Court. 2.The learned counsel appearing for the petitioner submits that thepetitioner is A3 in CC No.1242 of 2022. He was found guilty along with four otheraccused. The accused 4 & 5 have filed separate Criminal Appeals in Criminal Appeal(MD) No.79 & 60 of 2024, before this Court, as against the judgment of conviction.They have also filed applications to suspend the sentence imposed as against them.The sentence imposed as against A4 & A5 was suspended by this Court in Crl.MP(MD) Nos. 5442 of 2024 & 5441 of 2024, dated 12.09.2024 respectively. 3.The learned counsel further submits that this petitioner is in jail from thedate his arrest 04.06.2022, i.e, for the past 2 years and 8 months; he has been2/7 https://www.mhc.tn.gov.in/judis implicated through the confession statement of A1; the alleged contraband has beenrecovered from A1, however, by referring the signature obtained from the petitionerin Mahazar, he has been fixed as one of the accused along with A1 and nowconvicted that the signature of this petitioner was found in the alleged Mahazar,which was said to have been recorded from A1.4.The learned Additional Public Prosecutor appearing for the respondentsubmits that this petitioner was arrested along with A1. This petitioner cannot takeadvantage of the bail granted to A4 and A5, who were not arrested in the place ofoccurrence. A4 and A5 were said to have absconded from the place of occurrence andtherefore, there was no recovery from them and on that ground, this Court hasentertained the applications filed by A4 and A5 for grant of suspension of sentence.The learned Additional Public Prosecutor has relied on the judgment of the trialCourt and submits that this petitioner was present in the place of occurrence and alsoarrested along with A1. Though the contraband was recovered from A1, thepetitioner was found along with A1 and he is having conscious possession of thecontraband. The learned Additional Public Prosecutor by relying on Section 35 of theNDPS Act,1985 submits that when the petitioner was available with A1, from whomthe contraband was recovered, the petitioner cannot take a plea that he is not havingany conscious possession of the contraband and the alleged contraband was not3/7 https://www.mhc.tn.gov.in/judis recovered from him. The learned Additional Public Prosecutor has also insisted thatapart from this case, this petitioner has also involved in four other cases. Therefore,the petitioner cannot be granted with suspension of sentence.5.This Court considered the rival submissions made and also perused thematerials placed on record.6.The petitioner was arrested on 04.06.2022 along with the co-accused. As per the prosecution case, totally five persons were standing at TuticorinGeorge Road, Indira Nagar, II Street. On information, when the respondent policeattempted to arrest them and on seeing the police party, A4 and A5 were said to haveescaped from the spot. The police party has surrounded this petitioner, conductedsearch and has found 5 kg of ganja oil from A1 and recovered the same underMahazar. They have also obtained the signatures of A1, A2 and this petitioner, whowere found in the place of occurrence. Considering the materials placed by theprosecution as against this petitioner, he was not released on bail during the trial. Thetrial Court has also found him guilty along with the co-accused that they were inconscious possession of the contraband and also they have signed in the Mahazar. Itis reported that the the petitioner is in jail for the past 2 years and 8 months. Thepetitioner has been convicted on the ground that he was arrested along with A1 andhas also signed in the recovery Mahazar. However, the investigating agency has not4/7 https://www.mhc.tn.gov.in/judis collected any other materials, connecting A1 with this petitioner. The respondentpolice has projected as if that this petitioner is involved in various other offences. It istrue that this petitioner is involved in four other cases, out of which, two cases havebeen registered under Section 75 of the Tamil Nadu City Police Act, one case was aproceedings initiated as against this petitioner under Section 107 of Cr.P.C. Othercase registered as against this petitioner is under Section 399 IPC. 7.Considering the materials placed as against this petitioner, thesuspension of sentence granted to A4 and A5, considering that the petitioner'scounsel is having some arguable points in the appeal and the appeal could not betaken up in the near future and also considering the period of incarceration of thispetitioner, this Court is inclined to suspend the sentence imposed on this petitionerwith certain conditions.8. Accordingly, the substantive sentence of imprisonment alone issuspended pending disposal of the criminal appeal and the petitioner is ordered to beenlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) with two sureties each for a like sum to the satisfaction of the learnedI Additional Special Court for NDPS Act Cases, Madurai and on further conditionthat the petitioner shall stay at Trichy and report before the Inspector of Police,Uppliyapuram Police Station, Trichy, daily at 10.30 a.m., till the disposal of the5/7 https://www.mhc.tn.gov.in/judis appeal. The trial Court shall accept the surety amount only on payment of fineamount imposed as against this petitioner. sd/- 18/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.VrnTO1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,I ADDITIONAL SPECIAL COURT FOR NDPS ACT CASES,MADURAI.2 THE INSPECTOR OF POLICE,THOOTHUKUDI SOUTH POLICE STATION,THOOTHUKUDI DISTRICT.3 THE SUPERINTENDENT,CENTRAL PRISON,PALAYAMKOTTAI,TIRUNELVELI DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.6/7 https://www.mhc.tn.gov.in/judis COPY TO THE INSPECTOR OF POLICE,UPPLIYAPURAM POLICE STATION,TRICHY.+2 CC to M/s.S.ASHOK, Advocate ( SR-1793[I] dated 18/02/2025 )ORDER IN CRL MP(MD) No.943 of 2025 Date :18/02/2025NBF / VR /SAR- (19/02/2025) 7P/8CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/20237/7