The court can suspend sentences pending appeal under specific conditions, considering previous cases and legal compliance.

ORDER

The petitioner is accused No.3 in CC.No.207 of 2015 on the file of the I Additional Special Court for NDPS Act Cases, Madurai. By judgment dated 20.03.2024, the petitioner was found guilty, convicted for the offence under Section 8(c) r/w Section 20(b)(ii)(B) the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo 4 years rigorous imprisonment with a fine of Rs.30,000/- in default to undergo 12 months simple imprisonment. As against the conviction and sentence imposed by the trial Court, this petitioner has filed an appeal before this Court in Crl.A(MD)No.556 of 2024 and the same has been admitted by this Court. This is the second petition filed to suspend the sentence. The earlier petition filed by this petitioner in CrlMP(MD)No.

6595 of 2024 has been dismissed by this Court on 18.02.2025.

2.The learned counsel for the petitioner submits that the petitioner has been convicted and sentenced to undergo the maximum punishment of 4 years for the said offence and the petitioner has already undergone nearly half of the sentence imposed by the trial court. He further submits that the contraband is said to have been recovered on 20.03.2014, however the same has been produced before the court concerned only on 15.05.2014 with a delay of 56 days and the mandatory requirements as required under Section 55 of the NDPS Act have not been complied with.

3.The learned Additional Public Prosecutor raised objections that the petitioner is having six previous cases, of which, four cases are similar in nature, 4.The petitioner has raised certain arguable points in this petition, which can be considered only during the final hearing of the appeal. However the appeal could not be taken up for final hearing for want of time. The petitioner has already undergone half of the sentence imposed on him. Considering the period of sentence imposed, the period of incarceration already undergone and for the reason that the appeal could not be taken up immediately, this Court is inclined to allow this petition, however with stringent conditions.

5.Accordingly this petition is allowed and the substantive sentence of imprisonment imposed on the petitioner alone is suspended pending disposal of the criminal appeal on the following conditions:

(i) The petitioner is ordered to be enlarged on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties each for a like sum to the satisfaction of the I Additional Special Court for NDPS Act Cases, Madurai and one of the sureties must be a government servant and the other must be a respectable person in the locality.

(ii) The petitioner and the sureties shall file an affidavit before the respondent police that the petitioner will not misuse this liberty and will not indulge in any further offence.

(iii) The petitioner shall report before the respondent police daily at 10.30 am.

(iv) If the petitioner violates any of the conditions, the respondent police shall move an application to cancel the order of suspension of sentence of imprisonment.

12.03.2026 Index : Yes / No DSK To

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

2.I Additional Special Court for NDPS Act Cases, Madurai.

3.The Superintendent, Central Prison, Trichy.

Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

B.PUGALENDHI.J., DSK