Madras High CourtCRL A/269/2015dismissed as infructuous

M.Vasu@ Prasad v. State Rep By

2016-07-01Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Criminal Appeal No.269 of 2015 M.Vasu @ Prasad ... Appellant /Accused 3 vs.

State, rep. by Intelligence Officer, Narcotic Control Bureau, South Zone Unit, Chennai-90.

... Respondent/complainant Criminal appeal has been filed as against the judgment of the learned I Additional Special Judge for NDPS Cases, Chennai-104 passed in C.C.No.36 of 2006 dated 24.3.2015. For Appellant :

Mr.M.Arokiyaraj For Respondent :

Mr.N.P.Kumar, Spl. Public Prosecutor, NCB Cases.

JUDGMENT

Accused No.3 in C.C.No.36 of 2006 on the file of the learned I Additional Special Judge for NDPS Cases, Chennai-104, is the Appellant. By the judgment dated 24.3.2015, the Appellant / Accused No.3 was convicted for the offence punishable under Section 8(c) read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo ten years rigorous imprisonment and imposed a fine of Rs.1,00,000/-, in default, to undergo two months rigorous imprisonment. Aggrieved over the said conviction and sentence, the appellant / A.3 has come up with the present appeal.

2. Today, when the matter was taken up for consideration, learned counsel appearing for the appellant / A.3 submitted that the appellant had already undergone the rigorous https://hcservices.ecourts.gov.in/hcservices/

imprisonment of ten years imposed by the trial Court and since he did not pay the fine amount of Rs.1,00,000/-, he had also undergone the default period of two months rigorous imprisonment.

3. I have heard the learned Special Public Prosecutor for NCB Cases, appearing for the respondent also.

4. In view of the said submission made by the learned counsel appearing for the appellant, I am of the opinion, nothing survives in this appeal for adjudication and the appeal has become infructuous. Hence, the criminal appeal is dismissed as infructuous.

sbi To 1.The I Additional Special Judge for NDPS Cases, Chennai-104.

2.The Intelligence Officer, Narcotic Control Bureau, South Zone Unit, Chennai.

3.The Public Prosecutor, High Court, Madras.

4. Spl public prosecutor, NCBcases High court Madras.

+1 cc to Mr.M.Arokiyaraj Advocate (sr.No.37246) UG(CO) CP 23/07/2016 Crl.A.No.269 of 2015 https://hcservices.ecourts.gov.in/hcservices/