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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Ranganathan – Appellant
Versus
Inspector Of Police NIB-CID – Respondent
JUDGMENT :
SUNDER MOHAN, J.
The Criminal Appeal challenges the Judgement dated 02.02.2023 passed in C.C.No.132 of 2021 by the learned Principal Special Judge, EC and NDPS Act cases, 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 on 26.11.2020 at about 1.00 p.m., PW1 attached to the respondent police station received a secret information, that the appellants were smuggling Ganja from Andhra Pradesh in a Bolero pick up van and would reach Madavaram Rountana at about 2.00 p.m.; that PW1 thereafter recorded the information [Ex.P1] and went to the place of occurrence along with PW2 and one Sudhakar (not examined); that they intercepted the vehicle bearing Regn.No.KA51-A-1482 which was identified by the secret informer; that after introducing themselves to the appellants and since no independent witnesses were willing to offer themselves as witnesses, PW1 and his team conducted search of the car; that they had also issued a communication under Section 50 of the NDPS Act appraising the appellants of their right to be searched by a gazetted officer
The court affirmed that possession of 201 kilograms of ganja established under the NDPS Act sufficed for conviction, confirming that procedural safeguards were adhered to despite the absence of indep....
Prosecution has to follow mandatory procedures during search and seizure of narcotic drugs and psychotropic substances.
Non-compliance with mandatory provisions of the N.D.P.S. Act vitiates the conviction, especially where the prosecution relies solely on police testimony without corroboration from independent witness....
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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