Deivam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.MP(MD) No.8492 of 2025 in Deivam ... Petitioner Vs The State of Tamilnadu, Rep. by the Inspector of Police, Sedapatti Police Station, Madurai District.

Crime No.85 of 2018 ... Respondent Prayer :- This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 to suspend the sentence imposed on the petitioner in CC No.172 of 2023, dated 24.04.2025 on the file of the learned Additional District Judge, Principal Special Court for EC & NDPS Act cases, Madurai and enlarge him on bail. For Petitioner : Mr.Jegadeesh Pandian For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side) 1/5

O R D E R

The petitioner is A5 in CC No.172 of 2023 before the Additional District Judge, Principal Special Court for EC & NDPS Act cases, Madurai. The trial Court has found the petitioner guilty, convicted and sentenced as under:- Sl.No Sections Punishment Fine amount Default 8(c) r/w 20(b)(ii)(C) and 29(1) of NDPS Act 14 years Rigorous imprisonment Rs.1,00,000/- Two years simple imprisonment 1.

As against the conviction and sentence imposed by the trial Court in CC No.172 of 2023, dated 24.04.2025, the petitioner has filed a Criminal Appeal in Crl.A(MD) No.724 of 2025 and the same was admitted by this Court, by order, dated 01.08.2025. Along with the appeal, the petitioner has moved this petition, seeking suspension of sentence.

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2.The case of the prosecution is that A1 to A5 were found hoarding 40 kg of ganja and 38 kg of ganja (78 kg of ganja in total) in the garden, which belongs to A2, located at Alagureddipatti to Thangalacheri Road and they attempted to transport the same in a two wheeler bearing Registration No.TN 58AY 8804. As this petitioner was absconding for a long period, the case as against her was split up in CC No.172 of 2023 and the case as against the other accused was proceeded in CC No.159 of 2020 and it ended in conviction. This petitioner was also convicted as stated above by judgment, dated 24.04.2025.

3.Considering the nature of offence, the conduct of this petitioner and the quantity of contraband involved in this case, this Court is not inclined to grant suspension of sentence. Accordingly, this Criminal Miscellaneous Petition is dismissed. 18.03.2026 Index : Yes/No vrn 3/5

To 1.The Inspector of Police, Sedapatti Police Station, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J., vrn Order made in Crl.MP(MD) No.8492 of 2025 in 18.03.2026 5/5