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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.V.L.N. CHAKRAVARTHI, J
Koneru Maruthi Prasad @ Maruthi Rao, S/O Venkataramaiah – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER:
The Criminal Petition is filed by the petitioners/A-1 to A-3, A-5 to A-7 and A-10 U/s.482 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) to quash the charge sheet in NDPS S.C.No.34/2023 on the file of learned I Addl.District & Sessions Judge, Nellore, SPSR Nellore District.
02. Heard Sri P.Venkateswarlu, learned Senior Counsel for the petitioners and Sri A.Sai Rohith, learned Assistant Public Prosecutor representing the State/respondents No.1 to 3.
03. The contention of the petitioners is that they were prosecuted for the offence under sections 120-B, 272, 273, 353 r/w.34 of Indian Penal Code, 1860 (for short, “I.P.C.”), section 58 of Food Safety and Standards Act 2006 (for short, “the FSSA, 2006”), U/s.20 (b)(ii)(B) r/w.8(c) of NDPS Act, 1985 and section 192 of M.V.Act.
04. The gravamen of the charge is that on 17.01.2018 at about 07.30 a.m. Inspector of Police, Gudur Rural Circle (L.W-16) intercepted a motor vehicle bearing No.TN 22 CH 4455 proceeding to Nellore from Chennai; found A-2 to A-4 in the cabin of the vehicle; the vehicle was carrying empty egg trays and white plastic bags; Inspector of Police checked the bags and found gutka sachets as w
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The prosecution established the appellant's conscious possession of narcotics, validating the conviction despite procedural non-compliance, as substantial evidence supported the case.
Non-compliance with Section 52A of the NDPS Act, requiring samples to be drawn and certified by a Magistrate, vitiates the trial as it fails to produce primary evidence.
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