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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
| Table of Content |
|---|
| 1. initial facts surrounding the conviction (Para 1 , 2 , 3) |
| 2. prosecution's evidence and defense denial (Para 4 , 5) |
| 3. court's evaluation of evidence and compliance with law (Para 6 , 12) |
| 4. arguments for and against the conviction (Para 7 , 8) |
| 5. court's considerations on prosecution's evidence (Para 9 , 10) |
| 6. procedural compliance under ndps act (Para 11) |
| 7. final conclusion and modification of sentence (Para 13 , 14) |
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 obt
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 prosecution must prove its case beyond reasonable doubt, and failures to comply with statutory procedures or provide corroborating evidence undermine convictions.
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