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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
Kubendiran – Appellant
Versus
State Rep. by its the Inspector of Police, Theni – Respondent
JUDGMENT :
1. The sole accused in C.C.No.31 of 2016 on the file of the II Additional Special Court for NDPS Act Cases, Madurai, has filed this Criminal Appeal before this Court challenging the conviction and sentence imposed against him in the impugned judgment dated 07.10.2023. The conviction and sentence is as follows:
| Conviction for the Offence under Section | Sentence of Imprisonment |
| 8(c) r/w 20(b)(ii)(B) of the NDPS Act | 3 years R.I and to pay a fine of Rs.15,000/- in default to undergo 6 months S.I |
2. According to the prosecution, on 18.05.2013 at about 03.15 p.m, P.W.2 received the secret information regarding transportation of Ganja by the appellant. He recorded the said information in the General Diary and informed the same to his superior/P.W.3 and obtained the permission and proceeded to the occurrence place along with his team and the informer. The informant identified the accused, who was coming in a black colour Hero Honda Passion two wheeler bearing Reg.No.TN-60-K-7485. On seeing the police party, the appellant left the scene of occurrence. However, P.W.2 and his team surrounded the appellant and made a search on him under Ex.P1/Search Consent Letter and recovered the contrab
The court upheld the conviction under the NDPS Act for drug transportation, emphasizing compliance with procedural laws and confirming the recovery evidence as robust.
The court confirmed the conviction under the NDPS Act, emphasizing proper procedural adherence, while mitigating the sentence due to the appellants' age and family responsibilities.
The conviction under the NDPS Act was upheld as the prosecution proved the case beyond reasonable doubt, and procedural compliance was established.
The court confirmed the conviction under the NDPS Act, ruling that compliance with statutory provisions was sufficient, and reduced the sentence due to the appellant's age and health conditions.
The central legal point established in the judgment is the significance of complying with the mandatory provisions of the NDPS Act, particularly in relation to search, seizure, and sampling procedure....
Narcotics, Intoxicate and Liquor - Search and seizure – Investigation by Police officer - There is no legal proposition that evidence of police officials unless supported by independent evidence is u....
The prosecution's failure to prove presence and possession of contraband due to inconsistencies and non-compliance with mandatory procedural requirements under the NDPS Act led to acquittal.
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