VELU THEVAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner was an accused in C.C. No. 80 of 1991 on the file of the First Additional Sessions Judge, Madurai. He, on trial, was found guilty of the offence under section 20 (a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act No. 61 of 1985 - as amended by Act No. 2 of 1989 for short the Act), convicted thereunder and sentenced to rigorous imprisonment for two years and to pay a fine of Rs. 10,000/-, in default, to rigorous imprisonment for one year. Aggrieved by the said conviction and sentence, he preferred Criminal Appeal No. 109 of 1992 on the file of this Court. Along with the appeal, he also filed the present petition praying to suspend the sentence imposed on him and release him on bail, pending disposal of the appeal.

(2.) On this petition, notice had been ordered and on receipt of notice to the State represented by the Inspector of Police, N.I.B C.I.D., Theni, learned .Government Advocate represented the State.

(3.) Rival submissions emerged from learned counsel for the petitioner as well as learned Government Pleader as respects the question of suspension of sentence and consequent release of the petitioner on bail.