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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Chandrasekar – Appellant
Versus
State Rep. by Deputy Superintendent of Police NIB CID, Chennai – Respondent
| Table of Content |
|---|
| 1. prosecution's case outlines the apprehension and charges against appellants. (Para 2 , 2) |
| 2. defense arguments focus on procedural flaws and lack of independent witnesses. (Para 3 , 4) |
| 3. court questions evidence reliability due to procedural inconsistencies and lack of witnesses. (Para 6 , 7 , 9 , 10 , 11 , 15 , 17) |
| 4. vcourt concludes prosecution did not establish possession beyond reasonable doubt. (Para 12 , 18) |
| 5. appeal granted; conviction and sentence are overturned. (Para 19) |
JUDGMENT :
SUNDER MOHAN, J.
1. The Criminal Appeal challenges the Judgement dated 17.03.2023 passed in C.C.No.18 of 2018 by the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, convicting the appellants for the offence under Sections 8(c) r/w 22(b) (ii) of the NDPS Act and sentencing them as follows:
2..........
(i) It is the case of the prosecution that on 04.01.2018 at about 17:30 hours, A1 was found in illegal possession of 8 Nos. of LSD weighing 0.08 grams; that on his confession, it was revealed that A2 and A3 were also in possession of contraband; that on 05.01.2018 at about 00:00 hours, A2 was apprehended and was found in possessio
The court ruled that a joint communication concerning rights under the NDPS Act violated procedural safeguards, resulting in insufficient evidence for conviction.
Compliance with mandatory provisions under the NDPS Act, sufficiency of evidence, and re-appreciation of evidence to establish guilt beyond reasonable doubt.
Compliance with Section 50 of the NDPS Act is mandatory, and failure to individually inform accused of their rights vitiates the search and conviction.
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....
The court established that compliance with Section 50 of the NDPS Act is mandatory, and the weight of LSD-laden papers is considered in determining commercial quantity under the Act.
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