Madras High CourtCRL MP(MD)/6796/2016ordered

Mookkammal v. The Inspector Of Police

2016-08-17Honourable Dr. Justice P. Devadass3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of August Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.6796 of 2016 IN CRL A(MD) No.290 of 2016 MOOKKAMMAL ..PETITIONER/PETITIONER Vs.

STATE REP.BY THE INSPECTOR OF POLICE B-5, SOUTHGATE POLICE STATION, MADURAI CITY.

(CRIME NO. 245 OF 2013) ..RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence imposed in judgment dated 03.02.2016 in C.C.No.251 of 2013 on the file of the II Additional Principal Special (for NDPS) cases Court, Madurai and enlarge him on bail pending disposal of the instant Crl.A.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.T.VADIVELAN, Advocate for the petitioner and of Mr.P.KANDASAMY, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- While challenging her conviction and sentence in C.C.No.251 of 2013, on the file of learned II Additional Special Judge under N.D.P.S. Act, Madurai, the petitioner seeks appeal bail under Section 389(1) Cr.P.C.

2.In the trial Court, the appellant was convicted under Section 8(C) r/w 20(b)(ii)(B) of NDPS Act and sentenced to 15 months R.I. and fined Rs.10,000/- with default sentence.

3.The learned counsel for the petitioner contended that this prosecution suffers from many legal infirmities. The charge framed against the accused has not been proved beyond all reasonable doubts. P.W.1 Head Constable stated about sending the entire case property for analysis. However, P.W.2 Analyst did not say so. He also said that the sample did not contain the seal. Further, in the Analyst's Report, a wrong crime number has been mentioned and the name of the accused also has not been given. In all the cases against her, she is on bail. There is prima-facie case in her favour. If bail is granted, she will not abscond.

4.Counter has been filed by the respondent. The learned Government Advocate (Criminal side) would submit that there are three cases against her and they are similar in nature. In the present case, based on the evidence, she has been rightly convicted and appropriately sentenced.

5.I have anxiously considered the rival submissions, perused the impugned judgment and also referred to relevant piece of evidence.

6.The contraband involved in this case is 1250 grams of Ganja. It is not commercial quantity.

7.In the three cases, namely C.C.No.185 of 2013, C.C.No.19 of 2015 and Crime No.63 of 2016, the Ganja involved is not commercial quantity and they were around 1100 grams, 1250 grams and 1100 grams respectively. In all these cases, she was granted bail. 8.It has been contended by the learned counsel for the petitioner that the prosecution is flawed on account of nonfollowing of certain mandatory provisions. P.W.1 and other witnesses have spoken inconsistently. Certain arguable points are involved in this Criminal Appeal. Further, the petitioner was on bail throughout proceedings. Further, it will take some time for the disposal of this appeal. There is no allegation that if bail is granted she will abscond or she is likely to flee away from justice. I see primafacie case in her favour. I am inclined to grant her appeal bail. 9.Ordered as under:

(1) Appeal bail granted.

(2) Her sentence of imprisonment alone is suspended.

(3) There shall be two sureties, they and the petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen thousand only) each to the satisfaction of learned II Additional Special Judge under N.D.P.S. Act, Madurai.

(4) The petitioner shall pay the find amount before the trial Court within 15 days from the date of receipt of a copy of this order.

(5) The petitioner shall appear before the Inspector of Police, B5, South Gate Police Station, Madurai City on every Friday at 10.30 a.m. until further orders.

sd/- 17/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE II ADDITIONAL SPECIAL JUDGE UNDER N.D.P.S. ACT, MADURAI.

2 THE GOVT. ADVOCATE (CRL.SIDE), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SUPERINTENDENT, SPECIAL PRISON FOR WOMEN, TRICHY. 4 THE INSPECTOR OF POLICE, B-5, SOUTHGATE POLICE STATION, MADURAI CITY.

+1cc to M/s.T.VADIVELAN, Advocate in SR.45577 ORDER IN CRL MP(MD) No.6796 of 2016 IN CRL A(MD) No.290 of 2016 Date :17/08/2016 PBK/GSV-PM/SAR AE 17/08/2016 ::3P-6C:: (IT)