Chithraivel @ Surya v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI Crl.M.P.(MD)Nos.1871 and 2654 of 2025 in Crl.A.(MD)Nos.182 and 263 of 2025 Chithraivel @ Surya, S/o.Kalimuthu, 5-91, Kallikudi Village, Thirumangalam, Madurai - 625 701.

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

Respondent(s) For Petitioner(s):

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

Mr.T.Senthilkumar, Additional Public Prosecutor Crl.M.P.(MD)No.2654 of 2025 Lakshmanan @ Thalumbu Lakshmanan, S/o.Manoharan, No.70/92, Gandhi Nagar, Kappalur, Madurai District.

Petitioner(s) versus 1/4

The State rep. by The Inspector of Police, Subramaniapuram Police Station, Madurai District.

Respondent(s) For Petitioner(s):

Mr.M.Vivek Kumar Advocate For Respondent(s):

Mr.T.Senthilkumar, Additional Public Prosecutor COMMON ORDER The petitioners are 1st and 4th accused in C.C.No.388 of 2021 on the file of the I Additional Special Court for NDPS Act Cases, Madurai. They were charged along with five other accused for the offence under Section 8(c) r/w. 20(b)(ii)(C), 25, 29(1) of NDPS Act and 25(1)(B)(b) of Arms Act. The case as against the 7th accused was split up in C.C.No.387 of 2022. After the trial, the Trial Court, by its Judgment dated 12.05.2023, found the petitioners guilty for the offence under Section 8(c) r/w. 20(b) (ii)(C) of NDPS Act and 25(1-B)(b) of Arms Act and convicted and sentenced them as under:

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(i) for the offence under Section 8(c) r/w. 20(b)(ii)(C) of NDPS Act, to undergo rigorous imprisonment for 10 years each and to pay a fine of Rs.1,00,000/- each, in default, to undergo simple imprisonment for a further period of 12 months each. (ii) for the offence under Section 25(1-B)(b) of Arms Act, to undergo one year imprisonment and to pay a fine of Rs.5,000/-. Challenging the Judgment of conviction and sentence, the 1st accused has preferred an appeal in Crl.A.(MD)No.263 of 2025 and the same has been admitted by this Court on 28.02.2025. The 4th accused has preferred an appeal in Crl.A.(MD) No.182 of 2025 and the same has been admitted by this Court on 14.02.2025. They have also moved these petitions 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 3rd accused has preferred a criminal appeal before this Court in Crl.A.(MD)Nos.705 of 2023 and this Court also heard the appeal and reserved it for Judgment. Therefore, these appeals may also be taken up for final disposal.

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3. In view of the same, this Criminal Miscellaneous Petitions are closed with a direction to the Registry to prepare the typed set of papers and list the main appeals for final hearing in first week of June 2025. sd/- 08/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO 1 THE IST ADDITIONAL SPECIAL JUDGE FOR NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE, SUBRAMANIAN POLICE STATION, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE SUBRAMANIAPURAM TOWN POLICE STATION, MADURAI DISTRICT.

4 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

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6 THE SECTION OFFICER, T &P SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Crl.M.P.(MD)Nos.1871 and 2654 of 2025 in Crl.A.(MD)Nos.182 and 263 of 2025 Date :08/04/2025 SS/SAR- /30/04/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/4