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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MOIDEENKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding the accused's conviction and evidence. (Para 2 , 3 , 4) |
| 2. arguments regarding the authority of officers to conduct investigations. (Para 5 , 6) |
| 3. analysis of jurisdictional authority and applicable notifications. (Para 7 , 8 , 9 , 10) |
| 4. determination of the assistant excise commissioner's limits in appointing investigators. (Para 11 , 12 , 13) |
| 5. final ruling of acquittal based on the jurisdictional findings. (Para 14 , 15) |
JUDGMENT
The question that arises for consideration is whether the Assistant Excise Commissioner is entitled to authorise an Excise Officer to exercise jurisdiction to investigate into a crime outside the latter's territorial jurisdiction.
2. The appellant was the accused in S.C.No.5/2012 on the files of the Special Court (NDPS Act Cases), Vatakara. He was found guilty for the offences punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of three years and six months, apart from a fine of Rs.40,000/-, in default to undergo rigorous imprisonment for a further period of three months.
3. The prosecution alleges th
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