CRL MP(MD)No.2068 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 07.03.2025 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI CRL MP(MD)No.2068 of 2025 in CRL A(MD)No.216 of 2025 A.Sam Arulraj ... Petitioner Vs The Stateof Tamil Nadu represented by the Inspector of Police, Thoothukudi NIB-CID, Thoothukudi, (Crime No.85 of 2016) ... Respondent Prayer: Petition filed under Section 430(1) of BNSS to suspend the sentence imposed in CC.No.16 of 2018 by the Principal Special Judge for EC and NDPS Act Cases, Madurai dated 04.10.2024 and enlarge the petitioner on bail pending disposal of the main criminal appeal. For Petitioner : Mr.V.Muthu Kamatchi For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor ORDER The petitioner is accused No.6 in CC.No.16 of 2018 on the file of the Principal Special Court for EC and NDPS Act Cases, Madurai was found guilty, convicted and sentenced to undergo 10 years rigorous imprisonment with a fine of Rs.1,00,000/-, in 1/5 https://www.mhc.tn.gov.in/judis CRL MP(MD)No.2068 of 2025 default, to undergo 6 months simple imprisonment for the offence under Section 8(c) r/w 22(c), 25 and 29(1) of the NDPS Act. As against the conviction, the petitioner has filed an appeal in CrlA(MD)No.216 of 2025 and it has been admitted by this Court. Along with the appeal, the petitioner has filed this petition to suspend the sentence. 2.The learned counsel for the petitioner submits that there are six accused in this case. The petitioner is A6. A5 in this case was convicted along with the petitioner and his sentence of imprisonment has been suspended by this Court. He further submits that the petitioner is said to be arrested on 09.11.2016 along with other accused at about 3.20 pm. The respondent police recovered the contraband from accused Nos.1 to 4. The recovery was shown as if they have recovered a car bearing registration No. TN50 S 2953 (white colour chevrolet beat car) from the petitioner. The petitioner is not the owner of the car. There is no nexus between the petitioner and the car. He further submits that the respondent police has failed to collect the details as to the owner of the car. However in order to rope in this petitioner in this case, they have created a mahazar as if the offending car was recovered from this petitioner. The learned Counsel by referring the recovery mahazar recorded by the respondent police in respect of the petitioner on 09.11.2016 submits that crime No.85 of 2016 is mentioned in the recovery mahazar, whereas, according to the prosecution case, the case was registered at 7.00pm on 09.11.2016. However the crime No.85 of 2016 is very 2/5 https://www.mhc.tn.gov.in/judis CRL MP(MD)No.2068 of 2025 much recorded in the recovery mahazar, which was recorded on 09.11.2016 at about 3.20 pm. Therefore according to him this document was created after registration of FIR. The learned Counsel also relied on the recovery mahazars of other accused and pointed out that in the recovery mahazars in respect of A1 to A4 the crime number is not mentioned and therefore, the recovery mahazar of the car is created to rope in this petitioner. 3.The learned Counsel has also relied on the evidence of the investigation officer and pointed out that there are corrections in his arrest card and arrest memo and the same was admitted by the investigation officer. He further submits that the petitioner is in jail from 04.10.2024. Therefore, the learned Counsel prayed that the sentence imposed on the petitioner be suspended pending the criminal appeal. 4.The learned Additional Public Prosecutor appearing for the respondent submits that the petitioner was arrested along with the car and the petitioner was in conscious possession of the contraband. According to him the entire contraband was recovered from the car, which has been recovered from the petitioner. 5.This Court considered the rival submissions made and perused the material placed on record. 6.The petitioner has raised certain arguable points, which can be considered only during the final hearing of the appeal. However the appeal could not be taken 3/5 https://www.mhc.tn.gov.in/judis CRL MP(MD)No.2068 of 2025 up for final hearing for want of time. Considering the points raised by the petitioner, his period of incarceration and for the reason that the appeal could not be taken up immediately, this Court is inclined to allow this petition. 7. Accordingly this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioner is ordered to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional District Judge, Principal Special Court for EC and NDPS Act Cases, Madurai and the petitioner shall report before the trial Court on the first working day of every month. sd/- 07/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. DSK TO 1 THE ADDITIONAL DISTRICT JUDGE, PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI. 2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4/5 https://www.mhc.tn.gov.in/judis CRL MP(MD)No.2068 of 2025 3 THE INSPECTOR OF POLICE, THOOTHUKUDI NIB-CID, THOOTHUKUDI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.V.MUTHUKAMATCHI, Advocate ( SR-2555[I] dated 07/03/2025 ) ORDER IN CRL MP(MD)No.2068 of 2025 in CRL A(MD)No.216 of 2025 Date :07/03/2025 SA/GSV/SAR. /10.03.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5 https://www.mhc.tn.gov.in/judis