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2022 Supreme(Mad) 2992

G. JAYACHANDRAN
K. Jagmal – Appellant
Versus
State by Intelligence Officer, Narcotics Control Bureau, Chennai – Respondent


Advocates appeared:
For the Appellant:S. Charles, Advocate. For the Respondent: N.P. Kumar, Special Public Prosecutor (NCB cases).

JUDGMENT

(Prayer: Criminal Appeal has been filed under Section 374(2) of the Criminal Procedure Code to set aside the judgment of the learned Principal Special Judge, Principal Special Court under NDPS Act cases made in C.C.No.2/2014, dated 27.03.2018.)

1. The appeal is directed against the judgment of conviction and sentence passed by the Special Court of NDPS Act Cases at Chennai in C.C.No: 2 of 2014, dated 27/03/2018.

2. Based on the complaint filed by the respondent against two persons viz K.Jagmal (A-1) and Shravan Kumar (A-2), Charges under Section 8(c) r/w 29 and Section 18(b) and Section 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985(in short “NDPS Act”) against A-1 and Section 8(c) r/w 29, Section 18 (b) and Section 28 of the NDPS Act against A-2 were framed by the Special Court for NDPS Act cases in Chennai. After considering the evidence let in on behalf of the complainant, the Court held A-1 K.Jagmal guilty of offences under Section 8(c) r/w Section 18 (b) of NDPS Act and sentenced A-1 to undergo 10 years RI and fine of Rs.1,00,000/- in default, one year RI. A-2(Shravan Kumar) found not guilty and acquitted from all charges.

3. The case of the complainant as

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