MADRAS HIGH COURT
, J
Krishnan alias Kittu U. v. State
| Table of Content |
|---|
| 1. details of arrest and evidence establishment. (Para 1 , 2) |
| 2. arguments presenting claim of procedural violations. (Para 3 , 4) |
| 3. court's procedural observations on the case handling. (Para 5 , 8 , 11) |
| 4. upheld conviction reasoning emphasizing lawful search. (Para 14 , 15 , 19 , 20) |
| 5. final ruling on modification of the sentence. (Para 32 , 33) |
1. U. Krishnan alias Kittu, the appellant herein was convicted under S. 8(c) read with 21 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/-, in default to undergo an additional imprisonment for 3 years. This conviction and sentence is the subject matter of challenge before this Court in this appeal.
2. The short facts leading to conviction could be summarised as follows : -
"(a) Smt. Gladys Lily, PW. 1 the Superintendent of Central Excise, Customs Preventive Unit, Nagercoil received the information on 16-9-1994 that one Krishnan alias Kittu of Radhapuram would be arriving near Antony Church on the eastern side seashore of Idinthakarai village with a bag containing about 10 kgs. of heroin in order to smuggle the same to Sri Lanka. The information was recorded
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