Poorna Chandra Pangi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI in Crl.A.No.276 of 2023 Poorna Chandra Pangi

...Petitioner

Vs.

The Inspector of Police, Rep. by State NIB CID, Chennai.

(Crime No.94 of 2019)

...Respondent

Criminal Miscellaneous Petition filed under Section 389(1) of Criminal Procedure Code to suspend the sentence of imprisonment being 10 years rigorous imprisonment imposed in CC.No.65 of 2020 by the learned I Additional Special Court for Exclusive Trial of Cases under the NDPS Act, Chennai and enlarge the petitioner on bail pending disposal of the above criminal appeal No.276 of 2023.

For Petitioner : Mr.V.K.Sathiamurthy For Respondent : Mrs.G.V.Kasthuri, Addl. Public Prosecutor 1/5

O R D E R

This Criminal Miscellaneous petition has been filed under Section 389(1) of Cr.P.C to suspend the sentence of imprisonment imposed on the petitioner in CC.No.65 of 2020 on the file of the I Additional Special Court for Exclusive Trial of Cases under the NDPS Act, Chennai, vide judgment dated 23.01.2023.

2. The petitioner/appellant was convicted for the offence under Section 8(c) r/w 20(b)(ii)(C) of the NDPS Act and was sentenced to undergo 10 years of rigorous imprisonment and was ordered to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo rigorous imprisonment for a further period of six months, vide order dated 23.01.2023 made in CC.No.65 of 2020. Aggrieved by the same, the above appeal has been filed along with this petition seeking suspension of sentence.

3. Learned counsel for the petitioner submitted that, the petitioner is innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that, 2/5

there are lot of material contradictions in the evidence of the prosecution and the prosecution evidence is also highly unbelievable and that the petitioner is now confined in Central Prison, Puzhal-I, Chennai for about 5 years. Accordingly, he prayed for appropriate orders.

4. Learned Additional Public Prosecutor appearing for the respondent submitted that the seized quantity is a commercial quantity and thereby, she vehemently opposed for allowing this petition.

5. Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the period of incarceration, I am of the considered opinion that the petitioner/ appellant is entitled for the relief of suspension of sentence.

6. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 3/5

Thousand only) with two sureties each for a like sum to the satisfaction of the learned I Additional Special Court for Exclusive Trial of Cases under the NDPS Act, Chennai and on further condition that the petitioner shall appear before the respondent police at 10.30 a.m. on the first working day of every English Calendar month and before the said Court at 10.30 a.m. on the last working day of every English Calendar month, pending appeal.

7. This criminal miscellaneous petition is ordered accordingly. 04.07.2024 skt To:

1. The I Additional Special Court for Exclusive Trial of Cases under the NDPS Act, Chennai.

2. The Public Prosecutor, Madras High Court.

3. The Inspector of Police, NIB CID, Chennai.

4. The Central Prison, Puzhal-I, Chennai.

Note to office: Issue order copy on 04.07.2024 M.DHANDAPANI, J.

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skt in Crl.A.No.276 of 2023 04.07.2024 5/5