Sudhakar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in Crl.A.(MD)No.167 of 2025 Sudhakar, S/o.Malaichamy, 14B, East Street, Mariyamman Kovilpatti, Veerapandi, Theni District.

Petitioner(s) versus The State of Tamilnadu rep. by The Inspector of Police, NIB CID Police Station, Madurai District.

Respondent(s) For Petitioner(s):

Mr.R.Vignesh Advocate For Respondent(s):

Mr.T.Senthilkumar, Additional Public Prosecutor 1/3

ORDER

The petitioner is the 3rd accused in C.C.No.125 of 2020 on the file of the I Additional Special Court for NDPS Act Cases, Madurai. He was charged along with five other accused for the offence under Section 8(c) r/w. 20(b)(ii)(C), 25 and 29(1) of NDPS Act. The case as against the 5th and 6th accused was split up in C.C.No.386 of 2022. After the trial, the Trial Court, by its Judgment dated 12.05.2023, found the petitioner guilty for the offence under Section 8(c) r/w. 20(b)(ii)(C) of NDPS Act and convicted and sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- and in default, to undergo 12 months simple imprisonment. Challenging the Judgment of conviction and sentence, the petitioner has preferred an appeal in Crl.A.(MD)No.167 of 2025 and the same has been admitted by this Court on 12.02.2025. The petitioner has also moved this petition seeking to suspend the sentence imposed by the trial Court.

2. The learned Additional Public Prosecutor opposed to grant suspension of sentence that as against the Judgment of conviction and sentence, the 1st and 4th accused have preferred criminal appeals before this Court in Crl.A.(MD)Nos.359 of 2024 and 866 of 2023 and this Court also heard both the appeals and reserved for Judgment. Therefore, this appeal may also be taken up for final disposal.

3. In view of the same, this Criminal Miscellaneous Petition is closed with a 2/3

direction to the Registry to prepare the typed set of papers and list the main appeal for final hearing in first week of June 2025. sd/- 08/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

ogy TO 1 THE ADDITIONAL SPECIAL JUDGE FOR NDPS CASES, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, NIB CID POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

copy to THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.1769 of 2025 Date :08/04/2025 NBF/SAR/02.05.2025 3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3