Eswaran v. Union Of India Rep By Intelligence Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.630 of 2025 1.Eswaran 2.Jeyachandran 3.Jeyaprabhu

...Petitioners/Appellants

Vs.

Union of India, Rep. by Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., to suspend the sentence imposed on the petitioners/ appellants in C.C.No.116 of 2019 by the learned Principal Special Court for Exclusive Trial of Cases under NDPS Act, Chennai by its Judgement dated 29.05.2025 and release the petitioners on bail pending appeal. For Petitioners : Mr.K.Nirmal Kumar For Respondent : Mr.N.P.Kumar Special Public Prosecutor for NCB Cases Page No.1 of 4

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioners, seeking suspension of sentence imposed by the learned Principal Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, in C.C.No.116 of 2019 dated 29.05.2025, and enlarge the petitioners on bail pending disposal of the above appeal. 2.

The petitioners, who are accused in C.C.No.116 of 2019, was convicted and sentenced by the Principal Special Court for Exclusive Trial of Cases under NDPS Act, Chennai dated 29.05.2025, as follows: S.No Conviction under Section Sentence awarded 1.

8(c) read with Section 29 to undergo rigorous imprisonment for 10 years and to pay Rs.1,00,000/- each towards fine, in default to undergo simple imprisonment for 6 months 2.

8(c) read with Section 20(b)(ii)(C) to undergo rigorous imprisonment for 10 years and to pay Rs.1,00,000/- each towards fine, in default to undergo simple imprisonment for 6 months Page No.2 of 4

3.

Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. 4.

This Court finds that no prima facie case has been made out for suspension of the sentence since the Trial Court has gone through the evidence in its entirety and also finds that the petitioners had committed very serious and heinous offence.

5.

In the result, the petition for suspension of sentence is dismissed.

23.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order sma To Principal Special Court for Exclusive Trial of Cases under NDPS Act, Chennai Page No.3 of 4

G.K.ILANTHIRAIYAN, J.

Sma 23.06.2025 (2/2) Page No.4 of 4