Pradeep v. State of Tamilnadu Rep by Inspector of Police, A.Mukkulam

O R D E R The petitioners accused in C.C.No.262 of 2023, on the file of the learned the Additional District and Sessions Judge, Special Court for EC and NDPS Act cases, were found guilty by the trial Court and convicted and sentenced as under:- Sl.No Sections Punishment Fine amount Default 8(c) r/w 20(b)(ii)

(C) of NDPS Act 10 years RI Rs.1,00,000/- 6 months SI As against the conviction and sentence imposed by the trial Court in C.C.No.262 of 2023, dated 10.02.2026, the petitioners have filed a Criminal Appeal in Crl.A(MD)No.714 of 2026 and the same was admitted by this Court on 24.06.2026. The petitioners have also moved this application to suspend the sentence imposed on him by the trial Court.

2.The case of the prosecution is that on 17.02.2023, at about

09.00 hours, during patrol duty, the police found that the accused 1 to 8 were in illegal possession of 26.235 kg of ganja, which was meant for sale. The contraband was purchased by the accused 1 to 8 from accused 9 to 11 and it was illegally transported using Maruthi Swift Tour S car bearing Registration No.TN 36 CR 4612. Hence the case.

¶3The learned counsel appearing for the petitioners submits that the petitioners were not in possession of ganja. It was recovered from the car and they were only occupant of the car. However, they have been prosecuted along with the other accused persons. He further submits that the co-accused was granted bail by this Court in Crl.M.P (MD) No. 6404 of 2026 dated 30.04.2026 and Crl.MP(MD)No.9668 of 2026 dated

17.06.2026. He further submits that the petitioners have no previous cases and the mandatory provisions of NDPS Act were not followed and there is no clinching material available with the prosecution to prove the manner in which the seizure has been effected. He further submits that the petitioners are in jail for the past 3 years and 4 months.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent submits that there are totally 10 accused in this case and the petitioners were arrested along with Accused Nos. 1, 2 and 6 and

26.235 kgs of ganja was involved in this case. He also admits that this Court has suspended the sentence of the co-accused. He further submits the quantity of ganja involved in this case is commercial quantity.

¶5This Court considered the rival submissions made and also perused the materials placed on record.

¶6Admittedly, this petitioners are in jail for the past 3 years and 4 months. The petitioners were convicted for a period of 10 years (RI) and they had already undergone 1/3rd of his conviction. It is reported that the co-accused, who are similarly placed have been enlarged on bail by this Court vide order dated 30.04.2026 in Crl.M.P.(MD)No.6404 of 2026 in Crl.A.(MD)No.362 of 2026 and in Crl.M.P.(MD)No.9668 of 2026 in Crl.A(MD)No.522 of 2026 dated 17.06.2026. As on date, there is no record to show that this petitioners are having bad antecedents. In view of the above and for the reasons that the appeal could not be taken up immediately, this Court is inclined to suspend the sentence imposed on the petitioners, however with stringent conditions.

¶7Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioners are ordered to be enlarged on bail on the following conditions:- i. The petitioners shall execute a bond for a sum of Rs.1,00,000/- (Rupees one Lakh only) with two sureties each for a like sum to the satisfaction of the Additional Special Court for NDPS Act cases, Pudukottai. ii. The petitioners shall report before the respondent police daily at

10.30 a.m., until further orders. iii. The petitioners and the sureties shall file an affidavit of undertaking before the respondent police that the petitioners will not involve in any offence in future taking advantage of the liberty granted by this Court. iv. In the event, if the petitioners violate any of the above conditions, it is open to the respondent police to file an application to cancel the bail granted to them.

09.07.2026 DSK To

¶1The Additional Special Court for NDPS Act cases, Pudukottai.

¶2The Inspector Of Police, A.Mukkulam Police Station Virudhunagar District.

3.The Superintendent, Central Prison, Salem .

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. B.PUGALENDHI, J., DSK in Crl.A.(MD)No.714 of 2026

09.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl.A.(MD)No.714 of 2026 1.Pradeep 2.Saravanan ... Petitioner Vs. The State of Tamil Nadu, rep by its the Inspector of Police, A.Mukkulam Police Station, Virudhunagar District. [Crime no.19 of 2023] ... Respondent Prayer: Petition filed under Section 430 of BNSS to suspend the sentence imposed on the petitioners / appellants / accused Nos.3 and 4 passed by the Additional District and Sessions Judge, Presiding Officer, Special Court for EC and NDPS Act cases, Pudukottai in C.C.No.262 of 2023, dated 10.02.2026 and enlarge the petitioners on bail, pending disposal of the criminal appeal. For Petitioner(s): Mr.Jegadeesh Pandian For Respondent(s): Ms.V.Moushica Government Advocate (Crl.Side)