Mr.R.Rose Rajeev Singh v. State Represented By The Drugs Inspcector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10729 of 2025 in Crl.A.No.599 of 2025 R.Rose Rajeev Singh
...Petitioner
Vs.
State rep. By The Drugs Inspector, Perambalur Range, Trichy East Zone, Thillai Nagar, Trichy ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 of BNSS Act, to suspend the sentence imposed in CC.No.1 of 2013 on the file of the Principal District and Sessions Court at Perambalur on 28.04.2025 and enlarge the petitioner on bail, pending disposal of the above criminal appeal.
For Petitioner : Mr.A.S.Chakravarthy For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor 1/6
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, praying to suspend the sentence imposed in CC.No.1 of 2013 on the file of the Principal District and Sessions Court at Perambalur on 28.04.2025 and to enlarge the petitioner on bail, pending disposal of the above criminal appeal.
2.
The petitioner is the accused in in CC.No.1 of 2013 on the file of the Principal District and Sessions Court at Perambalur. He was found guilty of the offences under Section 18(a)(i) of Drugs and Cosmetics Act and he has been convicted and sentenced as under: S.No.
Conviction Sentence to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.20,000/-.
Aggrieved by the same, the petitioner has filed this appeal along with the Section 18(a)(i) of Drugs and Cosmetics Act present miscellaneous petition.
3.
The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Appeal and the 2/6
petitioner/accused has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court. 4.
Per contra, the learned Additional Public Prosecutor appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.
5.
Heard the learned counsel appearing on either side and also perused the materials placed on record.
6.
Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner and the 3/6
learned Additional Public Prosecutor appearing for the respondent police, further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. 7.
Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioner/accused is ordered to be released on bail, on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the Principal District and Sessions Court at Perambalur (b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities. (c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal Appeal and if he is not able to appear before the trial Court on any day, he shall make 4/6
arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. 8.
With the above directions, this Criminal Miscellaneous Petition is ordered.
12.06.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order lok 5/6
G.K.ILANTHIRAIYAN, J.
lok To
1. Principal District and Sessions Court at Perambalur 2.The Drugs Inspector, Perambalur Range, Trichy East Zone, Thillai Nagar, Trichy 3.The Public Prosecutor, Madras High Court, Chennai.
Crl.M.P.No.10729 of 2025 in Crl.A.No.599 of 2025 12.06.2025 (2/2) 6/6