Kottaisamy v. The State of Tamilnadu Rep by the Inspector of Police, Nib - Cid

ORDER The petitioner is the accused in C.C.No.48 of 2010 on the file of the I Additional Special Court for NDPS Act Cases, Madurai. He was tried for the offence under Section 8(c) r/w. 20(b)(ii)(B) of the NDPS Act that he was found in possession of 18 kgs. of ganja. In conclusion of trial, the trial Court, by its Judgment dated 11.08.2023, found the petitioner guilty for the offence under Section 8(c) r/w. 20(b)(ii)(B) of the NDPS Act and convicted and sentenced him to undergo rigorous imprisonment for six years and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a further period of one month. Challenging the same, the petitioner has preferred a Criminal Appeal in Crl.A.(MD)No.421 of 2026 and the same has been admitted by this Court on 07.04.2026. Along with this appeal, the petitioner has moved this petition seeking to suspend the sentence imposed by the trial Court.

¶2The learned counsel appearing for the petitioner submits that the quantity of ganja involved in this case is an intermittent quantity and the petitioner is in jail for nearly two years and nine months and therefore, according to the learned counsel, the petitioner has completed half of the sentence period. He further submits that the appeal could not be taken up for final hearing immediately and therefore, this petition may be considered.

¶3The learned Counsel for State of Tamil Nadu (Crl. Side) opposed this petition stating that the petitioner is a habitual offender involved in three cases of similar in nature. He has also furnished the case details as under:

(i) Chennai NIB CID – Cr.No.80/2019 – u/s. 8(c) r/w. 20(b)(ii)(C), 25, 29(1) of NDPS Act. - C.C.No.189 conviction – 12 years RI and Fine of Rs.1,20,000/-;

(ii) Theni NIB CID – Cr.No.17/2018 – u/s.8(c) r/w. 20(b)(ii)(A) NDPS Act (Dry ganja 800 gram) – C.C.No. 2498/2018 – convicted – Fine Rs.700/-;

(iii) Cumbum North Police Station – Cr.No.83/2014 u/s. 8(c) r/w. 20(b)(ii)(B) NDPS Act (Dry Ganja 1,500 kgs.) - C.C.No.107/2014 – conviction – one year RI and Fine of Rs.3,000/-; The learned counsel further submits that the petitioner, while in jail, had obtained parole on 03.07.2025 and thereafter, he had absconded and he was secured only on 09.08.2025. In this regard, a case has been registered on the file of Uthamapalayam Police Station, in Cr.No. 260/2025, for the offence under Section 262 BNS.

¶4Considering the conduct of the petitioner and the antecedent of the petitioner, this Court is not inclined to suspend the sentence imposed by the trial Court.

¶5Accordingly, this Criminal Miscellaneous Petition is dismissed.

04.06.2026 ogy To

¶1The I Additional Special Court for NDPS Act Cases, Madurai.

¶2The Inspector of Police, NIB - CID Theni, Theni District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoMP(MD).oNo.7321oofo2026 ooooooooooooooooooooooooooooooooB.PUGALENDHI,oJ. ogy oooooooooooooooooooooooooooooooo oooooooooooooooooooooooooCRLoMP(MD)No.7321oofo2026 in CRLoA(MD)No.421oofo2026

04.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.06.2026 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL MP(MD)No.7321 of 2026 in CRL A(MD)No.421 of 2026 Kottaisamy S/o.Veerukutty ... Petitioner Vs The State of Tamilnadu, Rep. by The Inspector of Police, NIB - CID Theni, Theni District. Crime No. 127 of 2009. ... Respondent This petition filed under Section 430(1) of BNSS 2023, seeking to suspend the sentence imposed by the I Additional Special Court for NDPS Act Cases, Madurai, passed in C.C.No.48 of 2010 dated 11.08.2023 and enlarge the petitioner on bail pending disposal of the criminal appeal. For Petitioner : Mr.P.Thanga Prithvi Rajan For Respondent : Mr.A.Robinson, Counsel for State of Tamil Nadu (Crl. side)