Suspension of sentence pending appeal may be granted where there are arguable points, prolonged incarceration, and appeal hearing delay.

ORDER

The petitioner is accused in C.C.No.150 of 2014 on the file of the I t Additional Special Court for NDPS Act Cases, Madurai. By judgment dated 29.01.2025, the petitioner was found guilty for the offence under Section 8(c) r/w. 20(b)(ii)(C) of NDPS Act and convicted and sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs.1,00,000/- , in default, to undergo simple imprisonment for a period of 2 years. Challenging the judgment of conviction and sentence, the petitioner has filed an appeal in Crl.A.(MD)No.531 of 2026 and the same was admitted by this Court, by order dated 30.04.2025. Along with the appeal, the petitioner has also moved this petition seeking to suspend the sentence imposed by the trial Court pending the appeal.

2.The learned counsel appearing for the petitioner submits that the provisions under Section 52-A of the NDPS Act have not been complied with in this case. The contraband was recovered on 09.03.20214 and it was produced only on 23.03.2024 before the court concerned, with a delay of 11 days. No records have been produced before the trial court for the safe custody of the contraband during this period. He further submits that all the witnesses are official witnesses and there is no independent witness and there is no corroboration among the evidence of the prosecution witnesses and no material has been produced to prove the case of the prosecution. He is in jail from 16.08.2024 and he was in jail during the trial from 19.03.2014 to 06.09.2014.

3.The learned Government Advocate appearing for the respondent police submits that this is the 2^nd petition and 1^st petition was dismissed by this court as withdrawn, since this court was not inclined to entertain the same. He further submits there is no bad antecedent.

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. Considering the period of incarceration, for the reason that the appeal could not be taken up immediately despite the dismissal of the earlier application and this Court is inclined to allow this petition. 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: