Saravanan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN ADVANCE ORDER in and Crl.M.P.No.15665 of 2025 Saravanan S/o. Ganesan, No.18, Mill Colony, Ramji Nagar, Thiruchirapalli.

... Appellant Vs.

The State rep. by The Inspector of Police, PEW Adyar Unit, Chennai.

(Crime No.182/2023) ... Respondent PRAYER: Criminal Appeal is filed under Section 415(2) of BNSS to suspend the sentence imposed in the judgment passed by the learned Special Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, in C.C.No.721 of 2023, vide judgment dated 24.02.2025 sentencing the appellant to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.50,000/- for the offences

under Sections 8(c) r/w. 20(b)(ii)(B) of the NDPS Act and in default thereof to undergo simple imprisonment for a period of one month and enlarge the petitioner on bail pending disposal of the above Criminal Appeal before this Court.

For Appellant : Mr.S.K.Mageshwaran For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor ADVANCE ORDER This Criminal Appeal is allowed and the judgment dated 24.02.2025 passed by the learned Special Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, in C.C.No.721 of 2023, is set aside. The appellant is acquitted of all charges under Sections 8(c) r/w. 20(b)(ii)(B) of the NDPS Act.

2. It is reported by the learned counsel on either side that the appellant is now in incarceration. The appellant/accused is directed to be set at liberty forthwith unless his custody is otherwise required in connection with any other case. Fine amount, if any paid, shall be refunded to the appellant forthwith. Bail bond, if any executed, shall stand cancelled.

3. The detailed order will follow.

18.08.2025 bkn To

1. The Special Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai 2.The Inspector of Police, PEW Adyar Unit, Chennai.

3.The Superintendent, Central Prison, Tiruchirapalli.

4.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

bkn ADVANCE ORDER IN and Crl.M.P.No.15665 of 2025 18.08.2025