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2024 Supreme(Online)(MAD) 13420

HIGH COURT OF MADRAS
Hon`ble Mr.Justice M.DHANDAPANI
R.Selvakumar – Appellant
Versus
The Inspector of Police – Respondent


O RDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.46 of 2021 on the file of the learned Additional District and Sessions Judge/Special Judge for NDPS Cases, Pudukottai, Pudukottai District in respect of the petitioner alone.

2.The case of the petitioner is that the petitioner is arrayed as A9 and he was implicated for the offence under Sections 8(c) r/w 20(b)(ii) (C), 25, 27A and 29(1) of the NDPS Act, in Crime No.58 of 2019 based on the confession made by the first accused and due to the non- appearance before the trial Court, the case was split up. On conclusion of trial, A1 to A8 were acquitted in C.C.No.38 of 2020 on the file of the learned Additional District and Sessions Judge/Special Judge for NDPS Cases, Pudukottai, dated 24.02.2022. Against the order of acquittal, the State did not prefer any appeal before this Court as on date and that the allegations are one and the same for all the accused and for the very same allegation, the trial Court conducted trial and the same was ended in acquittal and in order to avail the same benefit for the petitioner also, the present petition is filed.

3.The learned counsel for the petitioner would submit

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