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Madras High CourtCRL A/296/2023allowed

B.Karuppasamy v. State Rep.By

2026-04-01Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND CRL MP NO. 24180 OF 2025,CRL MP NO. 15463 OF 2024,CRL A NO.

1. B.Karuppasamy S/o Arumugam, No.128/1, Singapur Nagar, Udumalaipettai, Tiruppur district (At Present Confined in Central Prison, Coimbatore as Convicted Prisoner) Appellant(s) Vs

1. State Rep.By The Inspector of Police, NIB CID Police Station, Coimbatore District (Crime No.175/2019) Respondent(s) CRL MP No. 24180 of 2025

1. B.Karuppasamy S/o Arumugam, No.128/1, Singapur Nagar, Udumalaipettai, Tiruppur district (At Present Confined in Central Prison, Coimbatore as Convicted Prisoner) Appellant(s) Vs

1. The State of Tamil Nadu Rep by, The Inspector of Police, NIB CID, Coimbatore, Coimbatore District (Crime No.175/2019) Respondent(s) 1 / 6

CRL MP No. 15463 of 2024

1. Arunkumar @ Arun S/o.Manokaran, No.62, Sangili Nadar Street, Udumalpet, Tiruppur District.

Appellant(s) Vs

1. The State Rep By Its, The Deputy Superintendent Of Police, Nib Cid, Coimbatore District Cr.No.175 Of 2019.

Respondent(s) CRL A No. 1354 of 2024

1. Arunkumar @ Arun S/o.Manokaran, No.62, Sangili Nadar Street, Udumalpet, Tiruppur District.

Appellant(s) Vs

1. State By The Deputy Superintendent Of Police, Nib Cid, Coimbatore District Cr.No.175 Of 2019.

Respondent(s) PRAYER To allow the above appeal and set aside the conviction and sentence passed by Judgment dated 10.02.2022 in CC.No.39/2020 of the Learned Special Additional District and Sessions Judge for NDPS Act Cases at Coimbatore and acquit the appellant herein of all the charges and pass such other suitable order. CRL MP No. 24180 of 2025 PRAYER To suspend the sentence imposed by the Learned Principal Special Additional District Judge of NDPS Act Cases, Coimbatore passed in CC No.29/2020 dated 10.02.2022 and enlarge the bail pending disposal of above Crl.A.No.296/2023. CRL MP No. 15463 of 2024 PRAYER 2 / 6

To suspend the sentence of imprisonment imposed on the petitioner / Appellant in CC.No.39 of 2020 on the learned Special Court under EC Act / NDPS Act at Coimbatore dated 10.02.2022 and enlarge the petitioner on bail, pending disposal of Crl.A.No.1354 of 2024.

CRL A No. 1354 of 2024 PRAYER To set aside the Judgment dated 10.02.2022 made in CC.No.39 of 2020 on the file of the learned Special Court under EC/NDPS Act at Coimbatore. For Appellant(s):

Mr.Jegadeespandian for M/s. N.Mani Maran For Respondent(s):

Mr.L.Baskaran Government Advocate (Crl.Side) CRL.A.No.1354 of 2024 For Appellant(s) :

Mr.D.Anantha Padmanabhan For Respondent(s) :

Mr.L.Baskaran Government Advocate (Crl.Side) C O M M O N J U D G M E N T Crl.A.No.296 of 2023:

Criminal Appeal in Crl.A.No.296 of 2023 is allowed and the judgment dated 10.02.2022 passed in CC.No.39 of 2020 on the file of the learned Additional District Judge, Special Court under EC Act / NDPS Act, Coimbatore, is set aside in respect of A2 / appellant herein. A2 / appellant in Crl.A.No.296 of 2023 is acquitted of all charges under Sections 8(c) read with 20(b)(ii)(C) and 25 of Narcotic Drugs and Psychotropic Substance Act, 1985. It is reported by the learned counsel appearing on either side that A2 / appellant is now in incarceration. The appellant/A2 is directed to be set at liberty forthwith unless his custody is otherwise required in connection with any 3 / 6

other case. Fine amount, if any paid, shall be refunded to A2 / appellant forthwith. Bail bond, if any executed, shall stand cancelled. Crl.A.No.1354 of 2024: Criminal Appeal in Crl.A.No.1354 of 2024 is partly allowed and the judgment dated 10.02.2022 passed in CC.No.39 of 2020 on the file of the learned Additional District Judge, Special Court under EC Act / NDPS Act, Coimbatore, is modified in respect of A1 / appellant, as follows:- (i)Conviction under Sections 8(c) read with 20(b)(ii) (C) and 25 of Narcotic Drugs and Psychotropic Substance Act, 1985, stands confirmed.

(ii)Insofar as sentence of 20 years rigorous imprisonment imposed under Sections 8(c) read with 20(b)(ii)(C) and 25 of Narcotic Drugs and Psychotropic Substance Act, 1985, is reduced to ten years.

(iii)The remaining portion of the order in CC.No.39 of 2020 shall remain intact.

4 / 6

2. The detailed judgment will follow.

01-04-2026 (1/2) krk Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.State Rep.By The Inspector of Police, NIB CID Police Station, Coimbatore District (Crime No.175/2019) 2.The Additional District Judge, Special Court under EC Act / NDPS Act, Coimbatore.

3.The Public Prosecutor, High Court of Madras, Chennai.

5 / 6

G.K.ILANTHIRAIYAN J.

krk Advance common judgment in AND CRL MP NO. 24180 OF 2025,CRL MP NO.

15463 OF 2024,CRL A NO.

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