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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Intelligence Officer Narcotics Control Bureau, Chennai – Appellant
Versus
S. Saravanan S/o (Late) Selvaraju – Respondent
JUDGMENT :
G.BASAVARAJA, J.
The appellant/State has preferred this appeal against the judgment of acquittal passed by the Prl. Sessions Judge, Tumkur in Special Case No.53/2005 dated 08.09.2010.
2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.
3. Brief facts leading to this appeal are that PW12-A. Caleb Arumairaj, Intelligence Officer, Narcotics Control Bureau, Chennai has lodged a complaint before the Court on 20.06.2005 against the accused to take cognizance of the offences under Sections 8 (c) read with Sections 21 (c), 25, 27-A, 28 and 29 of the N.D.P.S Act, 1985 as amended in 2001.
4. It is alleged by the prosecution that Thirumalai Sridhar (PW1), Intelligence Officer, Narcotic Control Bureau, South Zonal Unit, Chennai (NCB for short) received a credible information over a phone call on 23.12.2004 at 09.30 a.m. that one Indiran @ Jeeva, Srilankan, residing at Trichy, who was acquitted in 15.5 kgs of Heroin case of NCB, Chennai, and one Mahalingam, resident of Vizunthamavadi, were arranged to procure 23 kgs of Heroin from accused No.6-Dhilawar Khan @ Sheriff Bhai Pathan (split up accused), which was being sent through th
Acquittal of the accused under the NDPS Act is upheld as the trial court's judgment was not flawed and adhered to evidentiary standards.
The prosecution failed to prove the possession of narcotics and did not comply with mandatory statutory requirements, leading to the acquittal of the accused.
Non-compliance with Section 42(2) of the NDPS Act is fatal to the prosecution case, and the powers of the appellate court in appeals against acquittal should be exercised with caution.
Strict adherence to statutory provisions under the NDPS Act is essential for validity of evidence; non-compliance undermines the prosecution's case.
Strict compliance with the mandatory provisions of Section 42(1) and 42(2) of the NDPS Act is required, and the prosecution must establish the accused's conscious possession of the contraband.
When two views are possible, judgment and order of acquittal passed by trial Court should not be interfered with by Appellate Court unless for special reasons.
Failure to inform an accused of their rights under Section 50 of the NDPS Act constitutes a violation that can prejudice the accused, resulting in acquittal due to insufficient evidence.
Compliance with mandatory provisions under the NDPS Act, sufficiency of evidence, and re-appreciation of evidence to establish guilt beyond reasonable doubt.
Appeal against NDPS acquittal dismissed upholding trial court due to contradictions in official testimonies, document/FIR anomalies, weight discrepancies creating reasonable doubt; appellate interfer....
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