Thiruvennainallur P.S. v. Devanathan

Suo Motu TR.No.9374 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.9374 of 2025 (C.C.No.580 of 2024 of District Munsif cum Judicial Magistrate Court, Thiruvennainallur Thiruvennainallur Taluk, Villupuram.) For Petitioner : Mr.S.Vinoth Kumar, Additional Public Prosecutor

ORDER

This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025.

2. This Case in Crime No.590 of 2022 dated 05.10.2022 is registered for alleged offences under Section 20(b)(ii)(A) of Narcotic Drugs & Psychotropic Substances Act, 1985. The accused is found to be in possession of 15 grams of ganja. There is no other previous or subsequent case against the accused. The Probationary Officer's report is also received. Considering overall facts and circumstances of the case, the accused is also pleading guilty instead of sentencing after demolition the accused is released on probation under section 39 of the NDPS Act. On the following condition the accused shall execute a bond. Reference can be made to the detailed order passed by this Court dated 01.09.2025 in Suo Motu Crl.No.618 of 2025. (i) The accused has no previous or subsequent case and a due report from the probationary officer regarding his conduct has already been received. (ii) The accused has also been facing the case all these years. 1/2 https://www.mhc.tn.gov.in/judis

Suo Motu TR.No.9374 of 2025 D.BHARATHA CHAKRAVARTHY, J.

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4. In view thereof, I find that this is a fit case where the provisions of the Probation of Offenders Act, 1958, can be invoked. Accordingly, upon the plea of the accused, the accused is found guilty of the offence under Sections 20(b) (ii)(A) of Narcotic Drugs & Psychotropic Substances Act, 1985. However, without proceeding to sentence the accused, this Court releases the petitioner on probation under the Probation of Offenders Act, 1958, on the following conditions:

(a) The accused shall execute a bond before the learned Magistrate undertaking good conduct for a period of one year, failing which he shall appear before this Court to receive sentence.

(b) It is made clear that, as per Section 12 of the Probation of Offenders Act, 1958, the finding of guilty will not be a disqualification for any purpose.

5. Accordingly, the case in C.C.No.580 of 2024 on the file of the District Munsif cum Judicial Magistrate Court, Thiruvennainallur Thiruvennainallur Taluk, Villupuram shall stands disposed of and consequently, this Suo Motu Transfer Case is disposed of. 23.10.2025 rna The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned. Suo Motu TR.No.9374 of 2025 2/2 https://www.mhc.tn.gov.in/judis