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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
Nagammal – Appellant
Versus
State represented by, The Inspector of Police, Karimedu Police Station, Madurai – Respondent
| Table of Content |
|---|
| 1. details on the occurrence and charges (Para 1 , 2 , 3) |
| 2. framing of charges and evidence presented (Para 4 , 5 , 6) |
| 3. defense arguments and prosecution responses (Para 7 , 8 , 9) |
| 4. court's analysis of evidence and compliance (Para 10 , 11 , 12 , 13) |
| 5. modification of sentence due to circumstances (Para 14 , 15 , 16) |
JUDGMENT :
Since these two appeals are arising out of the same occurrence and filed against the order of conviction made in C.C.No.16 of 2021 on the file of the II Additional Special Court for NDPS Act Cases, Madurai, these two appeals are taken up together for hearing and disposed of by way of this common judgment.
2. The appellants/A2 & A1 in C.C.No.16 of 2021 on the file of the II Additional Special Court for NDPS Act Cases, Madurai, have filed these Criminal Appeals before this Court challenging the conviction and sentence imposed against them in the impugned judgment dated 28.03.2023. The conviction and sentence is as follows:
| Appellants Rank | Conviction for the Offence under Section | Sentence of Imprisonment |
| A2 & A1 | 8(c) r/w 20(b)(ii)(B) of the NDPS Act | 5 years R.I each and to pay a fine of Rs.40,000/- each in default to undergo 6 months S.I each |
3. Accordi
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 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, 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.
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 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....
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