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2016 Supreme(Ker) 1518

RAJA VIJAYARAGHAVAN V.
Ashraf @ Switch S/o Malakari Meeran Rawther – Appellant
Versus
Competent Authority Safem (FOP) and NDPS Acts – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Noble Mathew.
For the Respondents: Sri. K.R. Rajkumar, Sri. M.R. Dhanil, Sri. N. Nagaresh.

JUDGMENT :

1. The 1st petitioner, who is the husband of the 2nd petitioner herein, was arrested on 27.10.2006 along with another person in connection with the seizure of 39 Kgs of Ganja from near to the FCI food storage depot at Avaneeswaram.

2. In the course of investigation, the Investigating officer received reliable information that property having an extent of 17 cents belonging to the 2nd petitioner herein was acquired out of illicit drug trafficking. Exercising his powers under section 68-F(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the aforesaid property was seized and the said order was sent for confirmation to the Competent Authority as mandated under Section 68-F(2) of the NDPS Act, 1985. By Exhibit P1 order, the same was confirmed.

3. As things would have it, the appeal filed by the 1st petitioner as Crl.A.No. 583 of 2014 came up for consideration of this Court and by judgement dated 16.03.2015, this Court extended the benefit of doubt to the accused. The conviction and sentence imposed on him was set aside. Though more than a year has elapsed, the petitioners assert that the finding of acquittal has not been challenged.

4. It appears that while the Cri

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