Muralidharan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2025

CORAM:

THE HON'BLE MR.JUSTICE B.PUGALENDHI in Crl.A.(MD).No.178 of 2024

1. Muralidharan

2. Vijayan @ Paulvijayan Petitioner(s) Vs The State of Tamil Nadu, The Inspector of Police, Odaipatti Police Station, Theni District.

(Crime No:52 of 2022) ... Respondent For Petitioner : Mr.P.Thangaprithivirajan For Respondent : Mr.P.Kottaichamy Government Advocate

ORDER

The petitioners along with two others were found in possession of 84 kilograms of contraband and they were arrested and a case was registered in Crime No.52 of 2022 for the offence under Section 8(c) r/w.20 (b)(ii)(c), 29(1) and 25 of the NDPS Act. They were tried before the trial Court in C.C.No.743 of 2022, on the file of 1/4

the learned District and Sessions Court for Communal Clash Cases, Madurai. In conclusion of the trial, the trial Court found them guilty and convicted and sentenced them as under:- Offence under Section Sentence 8(c) r/w 20 (b)(ii)(c) of NDPS Act Convicted and sentenced to undergo 10 years rigorous imprisonment with a fine of Rs.10,00,000/- and in default to undergo 6 months simple imprisonment.

2. As against the conviction and sentence imposed by the trial Court, the petitioner has filed a Criminal Appeal in Crl.A(MD) No.178 of 2024 and the same has been admitted by this Court. The petitioner has also moved this application to suspend the sentence imposed on him by the trial Court.

3. This Court ordered notice in this application on 04.03.2024. Thereafter, this application was not listed. The learned counsel for the petitioners has also not prosecuted this application for the past one year. Thereafter, this application was listed for hearing before this Court on 21.03.2025. On that day a request has been made on behalf of the learned counsel for the petitioners seeking time. This Court has granted further time as finally and posted this case today, by recording the manner in 2/4

which this application has not been prosecuted by the learned counsel for the petitioners for the past one year.

4. Even today the learned counsel for the petitioners is not inclined to prosecute this application and seeks further time. This application is pending for the past one year and the respondent police is also present before this Court to provide instructions to the Government Advocate on 21.03.2025 and also today. Since the petitioner is not inclined to prosecute this case, this Court is not inclined to grant further time. Accordingly, this petition is closed. sd/- 02/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RGM TO 1 THE DISTRICT AND SESSIONS JUDGE FOR COMMUNAL CLASH CASES, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, ODAIPATTI POLICE STATION, THENI DISTRICT.

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

ORDER

IN in Crl.A.(MD).No.178 of 2024 Date :02/04/2025 SA/SAR. /29.04.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4