Singakutty @ Chinnakkalai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K.RAMAKRISHNAN IN CRL A(MD) No.691 of 2023 SINGAKUTTY @ CHINNAKKALAI ... APPELLANT/ACCUSED 3 Vs THE STATE THROUGH THE INSPECTOR OF POLICE NIBCID POLICE STATION, DINDIGUL DISTRICT.
(IN CRIME NO.136 TO 140 OF 2004). ... RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed against petitioner`s in CC No.54/2005 on the file of the Honble I Additional Special Court for NDPS Act Cases, Madurai dt.10/7/2023 an drelease appeallant on bail till the disposal of the appeal. PRAYER IN CRL.A(MD).691/2023:
Pleased to call for the entire records connected with judgment rendered by the Hon`ble I Additional Special Court for NDPS Act Cases, Madurai in C.C.No.54 of 2005 dated 10.07.2023 and set aside the same and consequently acquit the appellant. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ALAGUMANI R, Advocate for the petitioner and of Mr.T.SENTHIL KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- 1/6
This Criminal Miscellaneous Petition has been filed to suspend the sentence passed in C.C.No.54 of 2005, dated 10.07.2023, on the file of the I Additional Special Court for NDPS Act Cases, Madurai, and enlarge the petitioner on bail till the disposal of this Criminal Appeal.
2.The case of the prosecution is that on receipt of secret information on 20.08.2004, at about 08.45 a.m., near Dindigul to Old Karur Bye-Pass Road Junction, the petitioner and the four other accused were found in possession of Ganja. The petitioner was found in possession of 10 kg of Ganja, the first accused was found in possession of 11 kg of Ganja, the second accused was in possession of 2 kg of Ganja, the fourth accused was in possession of 5 kg of Ganja and the fifth accused was in possession of 2 kg of Ganja. The respondent police after conducting search as per the Act, seized the said Ganja from the petitioner and the other accused. After taking samples, they preferred mahazar and arrested the accused. Thereafter, they registered the First Information Report in Crime Nos.
138 of 2004 against the petitioner and also registered the separate FIRs in Crime Nos. 136, 137, 139 and 140 of 2004 against the remaining accused for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (herein called as 'NDPS Act').
remanded to judicial custody. After completion of investigation, the respondent police filed a final report and the same has been taken cognizance in C.C.No.54 of 2005, on the file of the I Additional Special Court for NDPS Act Cases, Madurai.
3. During the trial, the prosecution has examined 3 witnesses as P.W.1 to P.W.3 and exhibited 31 documents as Ex.P.1 to Ex.P.31 and marked 15 Material Objects as P.M.O.1 to P.M.O.15, whereas, the accused has adduced neither oral nor documentary evidence.
4.The learned Special Sessions Judge, upon considering the evidences adduced and on hearing the arguments on both the sides, convicted him for the offence under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act and sentenced him to undergo 1 year Rigorous Imprisonment and to pay a fine of Rs.10,000/- in default, to undergo 3 months Simple Imprisonment. Challenging the above said conviction and sentence, the petitioner has preferred the present Criminal Appeal along with the above Miscellaneous Petition seeking suspension of sentence.
5. The learned counsel for the petitioner submitted that the prosecution has not proved the case in compliance with the relevant provision of 8(c) r/w 20(b)(ii)(B) of NDPS Act. Further, there is violation of mandatory provision under Sections 42, 50, 52 and 57 of the NDPS Act and the sample was sent to the Court belatedly. He further submitted that the petitioner is in custody from 10.07.2023 and pending trial, he is in 3/6
custody for more than 70 days. Therefore, totally he has undergone nearly 5 moths imprisonment. In view of the above arguable points, he seeks to grant of suspension of sentence to the petitioner.
6. The learned Additional Public Prosecutor appearing for the respondent would submit that there are enough materials available on record against the petitioner and hence, he strongly opposed to grant suspension of sentence.
7. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.
8. Admittedly, the quantity of the contraband recovered from the petitioner is below to the commercial quantity and the petitioner is having no previous case. According to the learned counsel for the petitioner, there is violation of the mandatory provision under Sections 42, 50, 52 and 57 of NDPS Act and there is also some material discrepancy among the witnesses relating to the recovery of the contraband. Therefore, this Court finds force in the submission of the learned counsel for the petitioner. Hence, this Court prima facie feels that that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near future, the petitioner is in custody from 10.07.2023 and also no bad antecedent is reported against the petitioner, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of 4/6
suspension of sentence.
9. Accordingly, the relief of suspension of sentence is granted to the petitioner on the following conditions:- (i) 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 Special Court (POCSO Act Cases), Dindigul;
(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (iii) The petitioner shall appear before the concerned Court once in a month i.e., on first working day of every English calendar month at 10.30 a.m., till the disposal of the appeal.
sd/- 30/08/2023 / TRUE COPY / 31/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE I ADDITIONAL SPECIAL JUDGE FOR NDPS ACT CASES, MADURAI.
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2 THE SPECIAL JUDGE, (POCSO ACT CASES), DINDIGUL.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE INSPECTOR OF POLICE NIBCID POLICE STATION, DINDIGUL DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.ALAGUMANI, Advocate ( SR-13034[I] dated 31/08/2023 ) ORDER IN IN CRL A(MD) No.691 of 2023 Date :30/08/2023 SA/DD/SAR. /31.08.2023/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6