Pawn Pandian, M/57 Years v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.A.No.550 of 2016 and Crl.M.P.No.7701 of 2016 Pawn Pandian ... Appellant
Versus
The State represented by, The Assistant Commissioner of Police, NIB C.I.D., Chennai - 39.
(Crime No.24 of 2010).
... Respondent PRAYER: Criminal Appeal filed under Section 374(2) of Cr.P.C., to call for the entire records pertaining to the judgment and conviction passed by the 1st Additional Special Court under NDPS Act, Chennai in C.C.No.87 of 2010 vide judgment dated 22.04.2016 and set aside the same and consequently acquit the appellant honourably from all the charges referred to in the above said case.
For Appellant :
No Appearance For Respondent :
Mr.S.Vinoth Kumar, Government Advocate (Crl. Side) *****
JUDGMENT
This Criminal Appeal arises out of judgment of conviction and sentence passed by the learned Special Judge (Full Additional Charge), Special Court under NDPS Act, Chennai in C.C.No.87 of 2010, dated Page No.1 of 5
22.04.2016.
2.After ful-fledged trial, the appellant/A2 was acquitted for offence under Section 8(c) r/w Section 25 of the Narcotic Drugs and Psychotropic Substances Act and convicted under Section 8(c) r/w Section 29 and 8(c) r/w Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo Rigorous Imprisonment for a period of ten years for each offence and to pay a fine of Rs.1,00,000/- (Rupees one lakh only) for each offence, in default, to undergo Simple Imprisonment for a period of two years for each default.
3.No representation for the appellant/A2 either in person or through the respective counsel.
4.Today, the learned Government Advocate (Crl. Side) appearing on behalf of the respondent produced the communication, dated 27.03.2023 received from the Superintendent of Prison (Incharge), Central Prison-1, Puzhal, Chennai, wherein the prison authorities informed that the appellant/A2 namely Pawn Pandian, S/o.Thavasi Thevar suffered his conviction and sentence as per judgment, dated 22.04.2016 and thereafter, he Page No.2 of 5
was released from the prison on 30.04.2020.
5.A scanned reproduction of the aforesaid communication reads as follows:
Page No.3 of 5
6.In view of the fact that the appellant/A2 had already undergone the sentence of imprisonment, nothing further survives in the present Criminal Appeal. Accordingly, the Criminal Appeal stands disposed of. Consequently, the connected Criminal Miscellaneous Petition is closed. 31.03.2023 Speaking order/Non-speaking order Internet: Yes/No vv2 To 1.The Special Judge (Full Additional Charge), Special Court under NDPS Act, Chennai.
2.The Assistant Commissioner of Police, NIB C.I.D., Chennai - 39.
3.The Public Prosecutor, High Court, Madras.
Page No.4 of 5
M.NIRMAL KUMAR.J., vv2 31.03.2023 Page No.5 of 5