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IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.PUGALENDHI, J
Vilson Gabriel – Appellant
Versus
The State represented by The Deputy Superintendent of Police, NIB-CID, Thoothukudi – Respondent
| Table of Content |
|---|
| 1. petitioner's conviction and appeal details. (Para 1) |
| 2. rival submissions on recovery and prior applications. (Para 2 , 3) |
| 3. consideration of arguable points and incarceration. (Para 5) |
| 4. suspension allowed with bail conditions. (Para 6) |
ORDER
This petitioner is accused No.1 in C.C.No.57 of 2015 on the file of the I Additional Special Court for NDPS Act Cases Madurai. He was, tried and by judgment dated 19.11.2019, he was found guilty, convicted for the offence under Sections 8(c) read with 20(b) (ii) (C) of NDPS Act and sentenced to undergo rigorous imprisonment for 12 years with a fine of Rs.1,00,000/-, and in default, to undergo 2 years 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.23 of 2020 and the same has been admitted by this Court on 18.06.2025. Along with the appeal, the petitioner has filed this petition to suspend the sentence.
2.The learned counsel for the petitioner submits that the contraband has been recovered from A2 in a building. The petitioner was not present at the time of recovery. Though PW4 deposed that the petitioner was under o
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