SARASWATHI @ THONTHIY AMMAL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioners before this Court were arrested and tried for the offences under the Narcotic Drugs and Psychotropic Substances 1985 (hereafter referred to as the "NDPS Act"), found guilty, convicted and sentenced by the trial Court. They have filed the present appeals as against the conviction and sentence imposed by the trial Court and these appeals were admitted by this Court. Along with the appeals, the petitioners have filed the present applications to suspend the sentence imposed by the trial Court.

(2.) Similar applications filed by some of the petitioners were already rejected by this Court and they have moved the application for the second time that they are in prison for more than 2 years. Some of them are in prison for more than 4 years and some of them have undergone half of the punishment imposed by the trial Court.

(3.) Over the past two months, this Court, while dealing with criminal appeals, noticed that most of the appeals are arising out of conviction imposed under the NDPS Act. A substantial number of cases originate from the districts of Madurai, Theni and Dindigul. This Court was confronted with not less than 50 such applications arising out of conviction under the NDPS Act seeking the suspension of sentence of the accused hailing from Madurai, Theni and Dindigul districts. These areas were prone to ganja and cannabis consumption in the past and there were cultivations. The State claims that in view of the stern actions taken by them, there is no cultivation in the State of Tamil Nadu, particularly from these areas. Despite the same, the reporting of narcotic cases from these districts is more, compared to the reporting of NDPS cases from the other districts.