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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Jaya @ Jayanila – Appellant
Versus
State, Rep. By Its, The Inspector of Police, NIBCID – Respondent
JUDGMENT :
SUNDER MOHAN, J.
These Criminal Appeals challenge the Judgement dated 21.02.2023 passed in C.C.No.188 of 2019 by the learned Principal Special Judge, Principal Special Court under EC and NDPS Act, Chennai convicting the appellants for the offence under Sections 8(c) r/w 20(b) (ii)(C) and 29(1) of the NDPS Act and sentencing them as follows:
2.(a) It is the case of the prosecution that PW1, the Sub-Inspector of Police, attached to the respondent police had received a secret information on 17.07.2019, stating that two females and one male were smuggling ganja from Andhra Pradesh in Alapuzha Express, which was scheduled to arrive at Chennai Central Station at 1.30 a.m., on 18.07.2019; that PW1 after making entries in the general diary at 22.30 p.m., on 17.07.2019 had reported the information received to his superior; that at about 22.40 hours, the Inspector of Police [PW6] had granted permission to conduct search and seizure; that at about 12.30 a.m., on 18.07.2019, PW1 along with his team went to the Central Railway station; that on that particular day the train arrived late at 3.30 a.m.; that at about 4.00 a.m., the appellants were found in the car park at the Central Railw
Non-compliance with mandatory provisions of the NDPS Act, such as section 42(2) and section 50(4), can render the prosecution case doubtful and lead to acquittal.
Non-compliance with statutory provisions of the N.D.P.S. Act regarding search and seizure vitiates the prosecution case, warranting acquittal on grounds of reasonable doubt.
In drug-related offenses, strict adherence to statutory procedural safeguards is mandatory for a fair trial, and non-compliance vitiates the prosecution case.
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