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P. VELMURUGAN
K. Bala – Appellant
Versus
State represented by The Intelligence Officer, Chennai – Respondent
JUDGMENT
(Prayer: These Criminal Appeals filed under Section 374(2) of Code of Criminal Procedure seeking to set aside the judgment of conviction and sentence passed by the learned I Additional Special Judge for NDPS Act, Chennai, in C.C.No.28 of 2016 dated 06.12.2018.)
Common Judgment:
1. These criminal appeals have been filed against the judgment of conviction passed by the learned I Additional Special Judge for NDPS Act, Chennai, in C.C.No.28 of 2016 dated 06.12.2018.
2. The respondent police registered a case against all the accused for the offence punishable under Sections 8(c) r/w 29, 8(c) r/w 22(c) & 8(c) r/w 28 and against the accused 2 to 4 for the offence under Section 8(c) r/w 27(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as ”NDPS ACT”). The learned Special Judge taken cognizance of the complaint in C.C.No.28 of 2016 and after completing formalities, since found prima facie case against the appellants, framed charges for the offence under Sections 8(c) r/w 29, 22(c) and 28 of NDPS Act, 1985, against A1 and Section 8(c) r/w 29, 22(c), 27A and 28 of NDPS Act, against A2 to A4.
3. Before the trial Court, in order to prove the case of the
Compliance with mandatory provisions under the NDPS Act, sufficiency of evidence, and re-appreciation of evidence to establish guilt beyond reasonable doubt.
The prosecution failed to prove the possession of narcotics and did not comply with mandatory statutory requirements, leading to the acquittal of the accused.
The main legal point established in the judgment is the admissibility of evidence, compliance with legal procedures, and the relevance of the appellant's confession statement and plea for leniency in....
The prosecution's failure to follow mandatory procedures for search and seizure under the NDPS Act vitiated the trial, leading to the acquittal of the accused.
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