Raja @ Puthuraja v. State

Crl.M.P.(MD).No.11135 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 26.02.2025CORAM:THE HON'BLE MR.JUSTICE B.PUGALENDHICrl.M.P.(MD).No.11135 of 2024inCrl.A.(MD).No.847 of 2024 Raja @ Puthuraja... PetitionerVs.State through, The Inspector of Police, NIB-CID,Dindigul. (In Cr.No.31 of 2014) ... RespondentFor Petitioner: Mr.J.SelvamFor Respondent: Mr.P.Kottaichamy Government AdvocatePrayer: Petition filed under Section 389(1) of CRPC to suspend the sentence imposed by the Judgment dated 20.03.2024 in C.C.No.207 of 2015 passed by the learned IAdditional Special Judge for NDPS Act Cases, Madurai, pending disposal of this appeal.1/5 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD).No.11135 of 2024ORDERThe petitioner was found guilty by the learned I Additional Special Court forNDPS Act Cases in C.C.No.207 of 2015 for the offences under Section 8(c) r/w 20(b)(ii) (B) of NDPS Act and convicted and sentenced him to undergo four years rigorous imprisonment with a fine of Rs.30,000/-.

As against the convict and sentence imposed by the Trial Court this petitioner has preferred an appeal before this Court in Crl.A.(MD).No.847 of 2024and the same has been admitted by this Court. Pending the appeal this petitioner has moved this application to suspend the sentence imposed by the Trial Court inC.C.No.207 of 2015.

The learned counsel for the petitioner submits that the mandatory provisions under Section 52(a) and Section 42 were not complied with. He also submits that there is a delay in producing the case properties to the Trial Court.

The learned counsel for the petitioner further submits that this petitioner isin jail from the date of judgement of the Trial Court. Therefore, considering the quantity the learned counsel for the petitioner requested to consider the case of the petitioner for suspending the sentence imposed as against him.

Per contra, learned Government Advocate for the respondent submits that this ground of mandatory violation has already been addressed by the Trial Court in2/5 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD).No.11135 of 2024detail. With regard to the delay projected by the petitioner, the learned counsel for the petitioner submits that the contraband seized were immediately produced before the concerned judicial magistrate and on the directions of the learned judicial magistrate, the same was produced before the Trial Court, however with some delay. According to him, the contraband was produced on the date of occurrence before the learned judicial magistrate of that jurisdiction.

The learned Government Advocate for the respondent has also submitted that apart from this case, this petitioner is having nine previous cases of similar in nature.

This Court considered the rival submissions on either side and perused the materials available on record.

The grounds raised by this petitioner can be considered only during the final hearing. The petitioner was found in possession of 10 Kilograms of contraband along with two other accused persons. Apart from this case, this petitioner was also involved in the following cases:-i.Uthapanayakanur PS Cr.No.41/18, U/s 8(c) r/w 20(b)(ii)(B) NDPS ActCC.No.167/18 – (Acq);ii. Pattiveeranpatty PS Cr.No.52/21, U/s 8(c) r/w 20(b) (ii) (B) NDPS ActCC.No.527/22 (Aqu);iii. Pattiveeranpatty PS Cr.No.745/21, U/s 8(c) r/w 20(b) (ii) (C) NDPSAct CC.No.389/22 (Aqu);iv. Dindigul Taluk PS Cr.No.538/14, U/s 8(c) r/w 20(b)(ii)(C) NDPS ActCC.No.1311/22 (PT);3/5 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD).No.11135 of 2024v.Dindigul NIBCID Cr.No.26/18, U/s 8(c) r/w 20(b) (ii) (A) NDPS Act(PT) – High Court Stay; vi. Batalagundu PS Cr.No.397/16, u/s 8(c) r/w 20(b)(ii)(B) NDPS Act(UI);vii. Sedapatty PS Cr.No.106/13, u/s 8(c) r/w 20(b)(ii)(C) NDPS Act (PT);viii. Dindigul NIBCID Cr.No.05/22, U/s 8(c) r/w 20(b)(ii)(C) 25 and 29(1)NDPS Act (Aqu);ix. Usilampatty Taluk Cr.No.49/03, U/s 8(c) r/w 20(b)(ii)(B) NDPS act(Aqu).