BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
Mahmood Zaffrany - Appellant
Versus
State by The Intelligence Officer, Narcotics Control Bureau, Madurai - Respondent
Crl. A.(MD). No. 559 of 2022
Decided On : 02-06-2023
NDPS Act - Conviction - Section 8(c) r/w 22(c), 29, 25, 27A, 28, 30, 9(A) r/w 25A, 21, 27A - The court confirmed the conviction of the appellant under various sections of the NDPS Act and reduced the sentence from 20 years to 12 years Rigorous Imprisonment for certain offences.
Fact of the Case:
The case involved the illegal manufacturing of Methamphetamine by the accused, who were Iranian Nationals. The prosecution alleged that the accused collectively entered into a criminal conspiracy for the trafficking of Methamphetamine in various locations and contravened multiple provisions of the NDPS Act.
Finding of the Court:
The court found the accused guilty of the offences under various sections of the NDPS Act and sentenced them to Rigorous Imprisonment and fines. The court also considered the appellant's plea for reduction of sentence and modified the sentence from 20 years to 12 years Rigorous Imprisonment for certain offences.
Issues: The issues included the admissibility of confession statements, discrepancies in the prosecution's evidence, compliance with mandatory provisions of the NDPS Act, and the proportionality of the sentence imposed by the trial court.
Ratio Decidendi: The court held that the prosecution had produced ample evidence to prove the recovery of contraband from the accused, and while acknowledging some delays and discrepancies, ultimately found the objections raised by the appellant to be devoid of substance. The court also considered the factors for imposing a punishment higher than the minimum term of imprisonment as per Section 32(B) of the NDPS Act.
Final Decision: The court partly allowed the appeal, confirming the conviction and reducing the sentence from 20 years to 12 years Rigorous Imprisonment for certain offences. The fine imposed by the trial court was confirmed, and the conviction and sentence for other offences were also confirmed. The modified sentence was directed to run concurrently, and the period of sentence already undergone by the appellant was given set off.
JUDGMENT
(Prayer:This Criminal Appeal is filed under Section 374(2) of Cr.P.C. r/w 36-B of NDPS Act 1985, to call for records and set aside the conviction of the appellant in C.C.No.44 of 2013 dated 09.03.2018 by the learned Additional District and Sessions Judge/Presiding Officer, Special Court for E.C. and NDPS Act Cases, Pudukkottai by allowing this appeal.
1. This Criminal Appeal is directed against the judgment of conviction and sentence imposed on the appellant/second accused in C.C.No.44 of 2013 dated 09.03.2018 on the file of the Special Court for E.C. and NDPS Act Cases, Pudukkottai.
2. The case of the prosecution is that on 22.03.2013 on receipt of the reliable information, as per the instructions of the Superintendent, NCB, Trivandrum (Camp at Madurai), the Intelligence Officer Syed Sharique Omar constituted a team of officers of NCB Madurai and proceeded to the place at about 17.00 hours, that after reaching Sirukoodalpatti Bus Stop, they had arranged two persons to stand as witnesses and have proceeded to the house bearing No.4/75C, New No.791, Vairavapuram, Sirukoodalpatti, that the accused Veeramani @ Siva, on seeing the police party, tried to flee from that spot, that the team had knocked the door of the ground floor portion and the accused Kaliammal has come out of the house, that the said Kaliammal had taken the police party to the first floor portion and knocked the door, that the team found the presence of Masoud Mosavi/first accused and Mahmood Zafarani/second accused, Iranian Nationals, that the first accused lost his balance and knocked over a 10 litre glass condenser to the floor, slipped on the split liquid and banged his head against the mosaic floor injuring himself in the process, that after bringing the first accused under control, they came to know that the two Iranian individuals were illegally manufacturing Methamphetamine in that house, that the NCB team found that the room itself was looking like a laboratory, that the accused had then handed over one jute carry bag, which when opened revealed within two transparent plastic sachets containing a crystalline substance, that the Intelligence Officer drew a small quantity of the said substance from each of the plastic sachets and tested against the Drug Detection Kit and the tests answered positive for the presence of Methamphetamine, a psychotropic substance covered under NDPS Act, that the NCB has seized 5.77kgs of contraband and also other chemicals, equipments used for manufacture of Methamphetamine through Seizure Mahazar, that subsequently, the Intelligence Officer Syed Sharique Omar has issued Section 67 summons to all the three accused, that when the accused had appeared, in pursuance of the said summons, they have given voluntary statements and that thereafter, all the three accused were arrested and were remanded to judicial custody.
3. It is further case of the prosecution that on the basis of the initial investigation and voluntary statement given by the accused 1 to 3, NCB team conducted a search of the premises in East Thane, Maharashtra in the residence of the fourth accused, that after taking the voluntary statements from the accused 4 and 5, they were arrested on 03.04.2013 and were remanded to judicial custody and that after completing the investigation, complaint came to be filed against 7 accused alleging that the accused 1 to 7 have collectively entered into criminal conspiracy at Vairavapuram, Sirukoodalpatti and such far-off places at Mumbai, Delhi and Chennai in the year 2012-2013 for the financing, procurement, possession, transportation, harbouring and the attempt to illegally traffic Methamphetamine, a psychotropic substance and thereby have collectively contravened the provisions of Sections 8(c) r/w 22(c), 25, 28, 29, 30 and Section 9(A) r/w Sections 25A, 21, 27A of NDPS Act 1985 and are punishable under Sections 22, 25, 25A, 27A, 28, 29 and 30 of NDPS Act, as amended.
4. After the receipt of the complaint, cognizance was t
AI
The main legal point established in the judgment is the court's consideration of evidence, compliance with mandatory provisions of the NDPS Act, and the proportionality of the sentence imposed, leadi....
Compliance with mandatory provisions under the NDPS Act, sufficiency of evidence, and re-appreciation of evidence to establish guilt beyond reasonable doubt.
The evidentiary value of oral testimony and circumstantial evidence in establishing guilt under the NDPS Act.
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 central legal point established in the judgment is the requirement for the prosecution to prove conscious possession of contraband and the application of presumption of culpable mental state unde....
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 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....
The requirement of legal evidence beyond reasonable doubt for conviction and the benefit of doubt in case of doubts raised by the prosecution's case.
The prosecution must prove recovery and confirmation of contraband substances beyond reasonable doubt, and the sustainability of conviction without the defendant's confessional statement.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.