M. MahendranaliasNithiya alias Nidhi and others vs State represented by Intelligence Officer, Narcotic Control Bureau, South Zone, Chennai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(Mad) 127

FAKKIR MOHAMED IBRAHIM KALIFULLA
M. MahendranaliasNithiya alias Nidhi and others – Appellant
Versus
State represented by Intelligence Officer, Narcotic Control Bureau, South Zone, Chennai – Respondent

Advocates:
B.Kumar, Senior Counsel, for R.Loganathan, for Appellants in Crl.A.No.643 of 1997.
M.S.Kandasamy, for Appellants in Crl.A.No.644 of 1997.
T.Sudanthiram, for Appellant No.1 in Crl.A.No.890 of 1997.
K.Jayachandran, for Appellant No.2 in Crl.A.No.890 of 1997.
P.Rajamanickam, Special Public Prosecutor, for Respondent.

JUDGMENT: Criminal Appeal No.643 of 1997 has been preferred by A-1 and A-2, Criminal Appeal No.644 of 1997 has been preferred by A-5 and A-6, while Criminal Appeal No.890 of 1997 has been preferred by A-3 and A-4.

2. The above appeals have been preferred against the common judgment of the Special Court under the Narcotic Drugs and Psychotropic Substances Act hereinafter called as ‘the Act’, Madras in C.C.No.186 of 1994 dated 31.7.1997 convicting A-1 and A-2 under Sec.8(c) read with Sec.21 of the Act and A-2 to A-6 under Sec.8(c) read with Sec.21 and also under Sec.29 of the Act and sentenced them to undergo ten years rigorous imprisonment apart from imposing a fine of Rs.1,00,000 and in default of payment of fine to under rigorous imprisonment for further period of one more year.

3. The case of the prosecution was that on 2.9.1994 around 11.30 a.m., based on intelligence report gathered by P.W.1 to the effect the A-1 residing at Door No.26B Anna Street, Madhavaram, Chennai was in possession of contraband Heroin, that he was attempting to sell the said contraband to others, that after getting necessary permission from his superiors, P.W.1 proceeded along with certain other officials 1

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2001 Supreme(Mad) 127

FAKKIR MOHAMED IBRAHIM KALIFULLAM. MahendranaliasNithiya alias Nidhi and others – AppellantVersusState represented by Intelligence Officer, Narcotic Control Bureau, South Zone, Chennai – Respondent

Cases Referred (10)

FAKKIR MOHAMED IBRAHIM KALIFULLA
M. MahendranaliasNithiya alias Nidhi and others – Appellant
Versus
State represented by Intelligence Officer, Narcotic Control Bureau, South Zone, Chennai – Respondent