2023 Supreme(Online)(Mad) 77934
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr.Justice K.K. RAMAKRISHNAN
Mareeswaran – Appellant
Versus
The Inspector of Police – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 27.09.2023 Pronounced on : 03.10.2023 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.A.(MD).Nos.492 & 500 of 2022 and 347 & 577 of 2023 and Crl.M.P(MD)Nos.9389 of 2022 and 6730 of 2023 Crl.A(MD)No.492 of 2022:
Mareeswaran .. Appellant /Accused No.3 Vs.
The State of Tamil Nadu, represented by The Inspector of Police, Karimedu Police Station, Madurai.
(Crime No.1403 of 2020) .. Respondent / Complainant PRAYER: Criminal Appeal filed under Section 374 of Criminal Procedure Code, to call for the records relating to the judgment dated 22.07.2022 in C.C.No.267 of 2020 on the file of the learned II-Additional Special Court for EC and NDPS Act cases, Madurai and set aside the same.
For Appellant : Mr.M.Jagadeesh Pandian For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor Crl.A(MD)No.500 of 2022:
Balaji .. Appellant/Accused No.6 Vs.
The State of Tamil Nadu, represented by The Inspector of Police, Karimedu Police Station, Madurai.
(Crime No.1403 of 2020) .. Respondent / Complainant PRAYER: Criminal Appeal filed under Section 374 of Criminal Procedure Code, to call for the records relating to the judgment dated 22.07.2022 in C.C.No.267 of 2020 on the file of the Learned II- Additional Special Court for EC and NDPS Act cases, Madurai and set aside the same.
For Appellant : Mr.M.Jagadeesh Pandian For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor Crl.A(MD)No.347 of 2023:
Kalimuthu @ Vellaikali .. Appellant/Accused No.1 Vs.
The State of Tamil Nadu, represented by The Inspector of Police, Karimedu Police Station, Madurai City.
(Crime No.1403 of 2020) .. Respondent / Complainant PRAYER: Criminal Appeal filed under Section 374 of Criminal Procedure Code, to call for the records relating to the judgment and conviction dated 22.07.2022 in C.C.No.267 of 2020 on the file of the Learned II-Additional Special Court for EC and NDPS Act cases, Madurai and set aside the same.
For Appellant : Mr.R.Pon Karthikeyan For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor Crl.A(MD)No.577 of 2023: 1.Karthick @ Ahori Karthick
2.Mari Muthu @ Dory Mari .. Appellant/Accused Nos.4 &5 Vs.
The State of Tamil Nadu, represented by The Inspector of Police, Karimedu Police Station, Madurai City.
(Crime No.1403 of 2020) .. Respondent / Complainant PRAYER: Criminal Appeal filed under Section 374 of Criminal Procedure Code, to call for the records relating to the judgment and conviction dated 22.07.2022 in C.C.No.267 of 2020 on the file of the Learned II-Additional Special Court for EC and NDPS Act cases, Madurai and set aside the conviction and sentence imposed on the appellants.
For Appellant : Mr.J.Vijayaraja For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor COMMON JUDGEMENT Since these criminal appeals are arising out of the same crime, these appeals are taken up for hearing together and disposed of by way of common judgment.
The appellants are said to have committed the offence under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') for the alleged possession of 25 kg of Ganja. The II Additional Special Court for NDPS Act Cases, Madurai convicted the appellants in Spl.C.C.No.267 of 2020 under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act by its judgment dated 22.07.2022 and sentenced them to undergo 10 years Rigorous Imprisonment and pay a fine of Rs.1,00,000/- each, in default to undergo 1 year Simple Imprisonment each for the offence under Sections 8(c) r/w 20(b)(ii)(C) of the NDPS Act. Challenging the same, the appellants filed these criminal appeals.
Crl.A. (MD)No.
C.C.No.
Rank of the accused
Conviction under Section
Sentence
Fine amount with default sentence
499 of 2022
267 of 2020
Accused No-3
8(c) r/w 20(b)(ii)(C) of NDPS Act
10years Rigorous Imprisonment
Rs.1,00,000/- each, in default to undergo 1 year Simple Imprisonment
347