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G.JAYACHANDRAN
Anandam Gundluru – Appellant
Versus
Inspector of Police, NCB/MDS – Respondent
JUDGMENT
The Intelligence Officer, Narcotic Control Bureau (NCB), Chennai is the complainant. The appellant, Anandam Gundluru is the accused. The complaint against the appellant alleging conscious possession of about 1½ kg of Heroin with intention to transport illegally to Kuwait, thereby committed offences under Sections 8(c) r/w 21(c), 22(b), 23(c) and 29 of Narcotic Drug and Psychotropic Substances Act, tried before the Special Court for NDPS Act Cases at Chennai in C.C.No.15/2015.
2. To prove the charges 8 witnesses, 47 documents and 10 Material Objects were relied on the said of the complainant. The Trial court found the accused guilty of offence under Sections 21 (c) and 23 (c) of NDPS Act. Found him not guilty of offence under Sections 22 (b) and 29 of the NDPS Act.
3. Aggrieved by the conviction and sentence of 10 years RI with fine of Rs.1,00,000/-, in default to undergo one year RI for each of the offence, the present appeal is filed.
4. The facts of the case as spoken by the witnesses:—
PW-1 (Mr.M.R.Aravind), the Intelligent Officer of NCB, Chennai while in Office on 15/09/2014 received an information through phone that one Venkateswara Rao of Chittor, Andra Pradesh
No one can be convicted contrary to Law of Evidence.
The central legal point established in the judgment is the requirement for the prosecution to prove conscious possession of contraband and the application of presumption of culpable mental state unde....
The judgment established that the gravity of the offence, the impact of the illicit drug trade, and the concept of conscious possession are crucial factors in determining bail eligibility under the N....
Point of law: While upholding the constitutional validity of sections 35 and 54 of the NDPS Act, the Apex Court has, however, reiterated that more serious the offence, the stricter would be the degre....
The court upheld the convictions under the N.D.P.S. Act due to established constructive possession of heroin, emphasizing the validity of procedures followed during the search and seizure.
Compliance with Section 50 of the NDPS Act, admissibility of accused statements, and applicability of Section 50 of the Act.
(1) Standard prescribed for grant of bail is ‘reasonable ground to believe’ that person is not guilty of offence.(2) Given seriousness of offences punishable under NDPS Act and in order to curb menac....
The evidentiary value of oral testimony and circumstantial evidence in establishing guilt under the NDPS Act.
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