SABA @ SABARATHINAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This application has been filed to suspend the sentence imposed on the petitioner / first accused by the learned Judge, Special Court for NDPS Act Cases, Madurai, in C.C.No.231 of 2021 dtd. 29/2/2024.

(2.) The petitioner is the first accused in C.C.No.231 of 2021 on the file of the learned Additional District Judge, I Additional Special Court for NDPS Act Cases, Madurai. He was tried for the offences under Ss. 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as "NDPS Act") and the trial Court by its judgment dtd. 29/2/2024 convicted the petitioner and the accused nos. 2 and 3 for the offence under Sec. 8(c) r/w 20(b) (ii)(C) of the NDPS Act and sentenced them to undergo 14 years rigorous imprisonment and to pay a fine of Rs.1,00,000.00 each, in default to undergo simple imprisonment for a further period of 3 years and acquitted them for the offences under Ss. 25 and 29(1) of the NDPS Act and acquitted the accused nos.4, 6 to 8 from all the charges.

(3.) Aggrieved by the impugned judgment of conviction and sentence, the first accused has preferred Crl.A(MD)No.452 of 2024 along with an application for suspension of sentence in CRL.MP(MD)No.5457 of 2024 and this Court has dismissed the same by its order dtd. 19/9/2025. This is the second application seeking suspension of sentence.