Ramakrishnan v. The State of Tamilnadu

O R D E R The petitioner is A4 in CC No.16 of 2018 before the Additional District Judge, Principal Special Court for EC & NDPS Act cases, Madurai. He was tried along with the other accused that they were found in possession of 500 gms of ketamine. The trial Court has found the petitioner guilty, convicted and sentenced as under:- Sl.No Sections Punishment Fine amount Default

¶18(c) r/w 22(c) 25, 29(1) of NDPS Act 10 years Rigorous imprisonment Rs.1,00,000/- Six months simple imprisonment As against the conviction and sentence imposed by the trial Court in CC No.16 of 2018, dated 04.10.2024, the petitioner has filed a Criminal Appeal in Crl.A(MD) No.963 of 2024 and the same was admitted by this Court, by order, dated 12.11.2024. Along with the appeal, the petitioner has also moved an application in Crl.MP(MD) No.4351 of 2025 to suspend the sentence imposed on him and the same was dismissed by this Court, by order, dated 01.04.2025. The petitioner has moved this present petition for the second time, seeking suspension of sentence.

2.The case of the prosecution is that the petitioner was found in possession of 500 gms of ketamine on 09.11.2016 along with the other accused. The respondent police has recovered 2 kgs of ketamine from A1 to A4, each having 500 gms. The fifth accused was arrested as if he has escorted the Car, in which, the contraband was transported.

3.The learned counsel appearing for the petitioner has raised several grounds, including grant of bail to the co-accused, to grant suspension of sentence to this petitioner, who is A4 in CC No.16 of 2018.

4.The learned Government Advocate(Crl.side) appearing for the respondent has opposed for grant of suspension of sentence to the petitioner, on the ground that the petitioner was arrested along with the contraband of 500 gms of ketamine.

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

6.This Court, by its order, dated 01.04.2025 has considered the case of the petitioner, elaborately discussed and dismissed the petition filed by this petitioner, sought for suspension of sentence.

7.Considering the objections of the learned Government Advocate(Crl.side), the earlier order of this Court and also there is no change in circumstances after dismissal of the earlier application filed by this petitioner, this Court is not inclined to suspend the sentence imposed on this petitioner. Accordingly, this Criminal Miscellaneous Petition is dismissed.

18.03.2026 Index : Yes/No vrn To

1.The Inspector of Police, Thoothukudi NIB CID, Thoothukudi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.MP(MD)oNo.13830oofo2025oin oCrl.A(MD)oNo.963oofo2024 B.PUGALENDHI,oJ., vrn Orderomadeoin Crl.MP(MD)oNo.13830oofo2025 in Crl.A(MD)oNo.963oofo2024

18.03.2026 oooooooooooo ooooooooooo

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.03.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.MP(MD) No.13830 of 2025 in Ramakrishnan ... Petitioner Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thoothukudi NIB CID, Thoothukudi District. Crime No.85/2016 ... 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.16 of 2018, 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.R.Vinoth Bharathi For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side)