S.Nijith v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-06-2025
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA IN CRL A(MD) NO. 651 OF 2025 S.Nijith S/o.Sathiyan, Kallipurathu House, Parayakadu, Chittapadukara Panchayath, Paravoor Taluk, Earnakulam, Kerala State At Present Confined in Central Prison, Madurai, As convict Prisoner.
Petitioner(s) Vs The State of Tamilnadu Rep by The Inspector of Police, North Police Station, Cumbum, Theni District. Crime No.17/2020.
Respondent(s) For Petitioner(s):
Mr. Manimaran.Na For Respondent(s):
Mr.R.Meenakshi Sundaram, Additional Public Prosecutor
ORDER
The Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Judge, II Additional Special Court for NDPS Act Cases, Madurai, dated 27.05.2025, in C.C.No.288 of 2020 till the disposal of appeal. 2.The learned counsel for the petitioner submitted that the petitioner has been 1/4
convicted by the learned Trial Judge, for the alleged offences under Section 8(c) r/w Sections 20(b)(ii)(B), 25 and 29(1) of NDPS Act, 1985 and sentenced him to undergo 6 months rigorous imprisonment and to pay a fine of Rs.90,000/- in default to undergo 1 year simple imprisonment for the offence u/s.8(c) r/w 20(b)(ii)(B) of NDPS Act, sentenced him to undergo 6 months rigorous imprisonment and to pay a fine of Rs.90,000/- in default to undergo 1 year simple imprisonment for the offence u/s.25 of NDPS Act and sentenced him to undergo 6 months rigorous imprisonment and to pay a fine of Rs.90,000/- in default to undergo 1 year simple imprisonment for the offence u/s.29(1) of NDPS Act. The sentences were ordered to run concurrently. Set off under Section 428 Cr.P.C. is also ordered. 3.
The learned counsel for the petitioner submitted that while seizing the vehicle, the documents of the vehicle have not been seized and without those documents, it cannot be established that the appellant is having any connection with the contraband seized from the vehicle. Even though the initial presumption can be taken in favour of the prosecution, the prosecution has to establish that the car in which the contraband was seized is connected to the appellant in any way. As the appeal has been admitted on grounds that deserve to be heard and there is no possibility to hear the appeal immediately, I feel it is appropriate to suspend the sentence alone on conditions.
is suspended on the following conditions:
i. that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judge, II Additional Special Court for NDPS Act Cases, Madurai;
ii. that the petitioner shall appear before the said Court daily, at 10.30 a.m. till the disposal of appeal.
4. Accordingly, this Criminal Miscellaneous Petition is allowed. sd/- 17/06/2025 / TRUE COPY / 19/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MBI TO 1 THE JUDGE, II ADDITIONAL SPECIAL COURT FOR NDPS ACT CASES, MADURAI.
2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
3 THE INSPECTOR OF POLICE, NORTH POLICE STATION, CUMBUM, 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. 651 OF 2025 Date :17/06/2025 SA/SAR. /19.06.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4