Dubash Shankar Alias Shankar v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-01-2026
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.M.P.No.16437 of 2025 in Crl.A.No.1376 of 2025 Dubash Shankar @ Shankar S/o.Thirunavukarasu, No.5, Mettu Street, Kodungaiyur, Chennai - 600 118.
...Petitioner(s)
Vs.
Union of India, Rep. by the Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Survey No.49, Plot No.PD2, Ayyapakkam, Chennai - 600 077.
...Respondent(s)
PRAYER:- Criminal Miscellaneous Petition is filed Section 438 r/w 442 of BNSS, to suspend the sentence imposed by the learned I-Additional Special Judge, Special Court for Exclusive Trial of cases under NDPS Act, Chennai, in Calendar Case No.82 of 2022 dated 03.01.2025, enlarge the petitioner on bail during the pendency of the appeal.
For Petitioner(s):
Mr.S.Natarajan For Respondent(s):
Mr.N.P.Kumar Special Public Prosecutor
ORDER
The petitioner has preferred the above appeal challenging the judgment Page No.1/7
dated 03.01.2025 passed by the learned I-Additional Special Judge, Special Court for Exclusive Trial of cases under NDPS act, Chennai, in C.C.No.82 of 2022 for the offence under Sections 8(c) r/w 29, 20(b)(ii)(c) and 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and sentencing him to undergo rigorous imprisonment for a period of twelve years on each count, with a default sentence of simple imprisonment for three months besides directing the petitioner to pay fine of Rs.3,00,000/-. The instant petition has been filed to suspend the sentence imposed on the petitioner, pending disposal of the Criminal Appeal.
2. The case of the prosecution that on 17.07.2021 at about 9.30 a.m, the respondent on specific information that the petitioner is transporting Ganja, intercepted a vehicle bearing Registration No.AP-05-TM-3837; that they found the petitioner was in possession of 327.870 kgs of Ganja and further investigation revealed that the petitioner transported the said Ganja on behalf of A2 and A3.
3. The learned counsel for the petitioner would submit that the petitioner is in custody from 17.07.2021; that even according to the prosecution, he was a driver of A2 and he had transported the contraband on behalf of the A2 and that A2 was granted suspension of sentence by this Court by an order dated Page No.2/7
25.06.2025 and A3 was also granted suspension of sentence later; that considering the period of incarceration and since the petitioner has served substantial portion of the sentence, the sentence imposed on him may be suspended.
4. The learned Special Public Prosecutor for the respondent would submit that the sentence of the co-accused was suspended only because no contraband was seized from them; that since the contraband was seized from the petitioner, the petitioner has to satisfy the twin conditions under Section 37 of the NDPS Act; that the petitioner has not satisfied those conditions and long period of incarceration alone is not a ground for suspension of sentence and vehemently opposed the prayer for suspension of sentence.
5. The Hon'ble Supreme Court in Narcotic Control Bureau Vs. Lakhwinder Singh dated 29.01.2025 in Crl. Appeal No.475 of 2025 has held has follows:
"However, if, in the facts of the case, an accused has undergone a substantial part of the substantive sentence and, considering the pendency of criminal appeals, his appeal is not likely to be heard before the accused undergoes the entire sentence, the Appellate Court can exercise the power of releasing the accused on bail pending the appeal. If the relief of Page No.3/7
bail is denied in such a factual situation only on the grounds of Section 37 of the NDPS Act, it will amount to the violation of the rights of the accused under Article 21 of the Constitution of India."
6. The accused is in custody from 17.07.2021. He has served a substantial portion of the sentence. The appeal is not likely to be taken up in the near future. The sentences imposed on the co-accused have been suspended. Considering all the above aspects, this Court is inclined to suspend the sentence imposed on the petitioner subject to the following conditions: (i) The petitioner/Accused shall deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) to the credit of C.C.No.82 of 2022 on the file of the learned I-Additional Special Judge, Special Court for Exclusive Trial of cases under NDPS Act, Chennai, within a period of four weeks from the date of receipt of a copy of this order;
(ii) Thereafter, the sentence of imprisonment alone imposed on the petitioner/Accused shall be suspended, on him executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned I-Additional Special Judge, Special Court for Exclusive Trial of cases under NDPS Act, Chennai;
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(iii) 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 Book and mobile numbers to ensure their identity; (iv) 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; and (v) On the failure of the petitioner/Accused, depositing the said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence.
6. Accordingly, this Criminal Miscellaneous Petition is ordered. 27.01.2026 (2/2) Mac Page No.5/7
To
1. The Special Court for Exclusive Trial of cases under NDPS Act, Chennai, 2.Union of India Represented by the Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Survey No.49, Plot No.PD2, Ayyapakkam, Chennai - 600 077.
SUNDER MOHAN J.
Mac Page No.6/7
Crl.M.P.No. 16437 of 2025 in Crl.A.No.1376 of 2025 27-01-2026 Page No.7/7