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D. BHARATHA CHAKRAVARTHY
Intelligence Officer, Narcotic Control Bureau, Chennai – Appellant
Versus
Rasool Mydeen – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Sections 377(2) and 378 of Code of Criminal Procedure, 1973, to set aside the order of acquittal of A1 Rasool Mydeen from all the charges u/s 8(c) r/w Section 29, 8(c) r/w Section 23(c) and 8(c) r/w Section 28 of the NDPS Act and A2 Amjath Khan @ Mathaiya from the charges under Section 8(c) r/w Section 29, 8(c) r/w Section 23(c), 8(c) r/w Section 21(c), 8(c) r/w Section 28 and 8(c) r/w Section 27A of the NDPS Act and convict the accused A1 Rasool Mydeen under Section 8(c) r/w Section 29, 8(c) r/w Section 23(c) and 8(c) r/w Section 28 of the NDPS Act and A2 Amjath Khan @ Mathaiya for the charges under Section 8(c) r/w Section 29, 8(c) r/w Section 23 (c), 8(c) r/w Section 21(c), 8(c) r/w Section 28 and 8(c) r/w Section 27A of the NDPS Act;
This Criminal Appeal is filed under Sections 374 of Code of Criminal Procedure, 1973, preferred against the judgment made in C.C.No.21 of 2015 dated 11.09.2018 on the file of the Principle Special Judge, Principle Special Court under EC & NDPS Act, Chennai, convicting the appellant under section 8(c) r/w 21(c).)
Common Judgment
1. On 03.10.2014, at around 5.00AM, P.W.1, namely Sumit Arya, Intelligen
The court held that the Intelligence Officer was authorized to file a complaint under Section 42 of the NDPS Act. It also held that the mandatory provisions of Section 50 and Section 57 were complied....
Strict compliance with the mandatory provisions of Section 42(1) and 42(2) of the NDPS Act is required, and the prosecution must establish the accused's conscious possession of the contraband.
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....
Compliance with mandatory provisions under the NDPS Act, sufficiency of evidence, and re-appreciation of evidence to establish guilt beyond reasonable doubt.
Acquittal of the accused under the NDPS Act is upheld as the trial court's judgment was not flawed and adhered to evidentiary standards.
The court upheld the trial court's acquittal of the accused due to significant procedural violations and lack of evidence connecting them to the alleged drug possession.
The main legal point established in the judgment is the significance of compliance with mandatory provisions of the ND&PS Act, 1985, particularly regarding the presence of independent witnesses durin....
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