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2006 Supreme(Mad) 1084

M.JEYAPAUL
Narendra Kumar Jain and Another – Appellant
Versus
Intelligence Officer, NCB, Chennai and Another – Respondent


Advocates Appeared:
For the Petitioner:B. Kumar, Senior Counsel for R. Rajarathinam, Advocates.
For the Respondent: P.N. Prakash, Special Public Prosecutor for NCB.

Judgment :

M. Jeyapaul, J.

The first respondent / first accused in Crl. A. No. 401 of 2005 prefers Crl. M.P. No. 1971 of 2006 and the fourth respondent/fourth accused in Crl. A. No. 401 of 2005 prefers Crl. M.P. No. 8423 of 2005, seeking recall of the non-bailable warrant issued as against them in Crl. M.P. No. 3995 of 2005.

2. The petitioners along with two other accused faced a trial for offences under Sections 8 (c) read with Sections 21, 25, 28 and 29 of the Essential Commodities and Narcotic Drugs and Psychotropic Substances Act. By a judgment dated 20.4.2005, the Special Court for Essential Commodities and Narcotic Drugs and Psychotropic Substances Act cases, Coimbatore acquitted all the accused. As against such an order of acquittal, the complainant Intelligence Officer of Narcotics Control Bureau, South Zonal Unit,Chennai preferred an appeal.

3. Thecomplainant also filed Crl. M.P. No. 3995 of 2005, seeking issuance of non-bailable warrant to secure all the accused in this case invoking the provision under Section 390 of the Cr. P.C. This Court having thought it fit to admit the appeal against acquittal filed by the complainant Intelligence Officer, chose to issue non-baila

























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