Ravi Babu v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.M.P.No.14220 of 2024 in Crl.A.No.1273 of 2024 Ravi Babu ...
Appellant / Accused No.1 Vs.
The State represented by The Inspector of Police, NIB - CID, Kancheepuram.
... Respondent/Complainant PRAYER: Criminal Miscellaneous Petition filed under Section 389 of Cr.P.C / 430 of the BNSS, to suspend the sentence imposed by the Principal Judge, Principal Special Court under EC & NDPS Act, Chennai in C.C.No.148 of 2021 on 30.07.2024 on 30.07.2024 and enlarge the petitioner on bail, during the pendency of the appeal. For Petitioner : Mr.R.Thamizharasan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
This Criminal Miscellaneous Petition has been filed seeking to suspend the sentence imposed on the petitioner/A1 by judgment and order dated 30.07.2024 passed in C.C.No.148 of 2021 on the file of the Page No.1 of 6
Principal Special Court under the EC and NDPS Act, Chennai, and to enlarge the petitioner on bail pending disposal of the appeal.
2. The case of the prosecution is that the respondent received secret information on 13.02.2021 at about 7.30 a.m., and pursuant to the information, they apprehended the petitioner at the bus stand and conducted a search and found that the petitioner, along with other accused, was found in possession of 16 kgs of Ganja.
3. The petitioner, who was arrayed as Accused No. 1 in the above Calender Case, was convicted and sentenced as follows: Offence under Section Sentence imposed 8(c) r/w 20(b)(ii) (B) of the NDPS Act To undergo RI for five years and to pay a fine of Rs.50,000/- in default to undergo RI for six months. 8(c) r/w 29(1) of the NDPS Act To undergo RI for three years and to pay a fine of Rs.25,000/- in default to undergo RI for six months.
4. This Court, by order dated 12.11.2024 had suspended the sentenced imposed on A.2 and made following observations - Page No.2 of 6
7.Considering the maximum period of imprisonment imposed on the petitioner, namely five years and that the petitioner has raised arguable points in the appeal, namely that the mandatory provisions have been violated and the period of incarceration, this Court is inclined to suspend the sentence imposed on the petitioner/A2.
5. The above said observations are squarely applicable to the petitioner too. Hence, this court is inclined to suspend the sentence imposed on the petitioner/A.1.
6. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner/A1 is suspended and the petitioner/A1 is ordered to be released on bail on the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties, each for a like sum, to the satisfaction of the learned Principal Special Judge, Court of Special Court under EC and NDPS Act, Chennai;
(ii)The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Page No.3 of 6
Book and mobile numbers to ensure their identity; and (iii)The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make 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. 10.12.2024 rgr Issue order copy by 12.12.2024 Upload the order copy forthwith.
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To 1.The Principal Special Judge, EC and NDPS Court, Chennai.
2. The Inspector of Police, NIB - CID, Kancheepuram, Kancheepuram District.
3. The Superintendent of Prisons, Central Prison, Puzhal - II, Chennai.
4.The Public Prosecutor, Madras High Court.
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SUNDER MOHAN, J.
rgr Crl.M.P.No.14220 of 2024 in Crl.A.No.1273 of 2024 10.12.2024 Page No.6 of 6