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2015 (10) TMI 2130 - MADRAS HIGH COURT

2015 (10) TMI 2130 - MADRAS HIGH COURT - 2015 (324) E.L.T. 449 (Mad.) - Illegal possession and transport of 27 kgs of heroin - Whether accused convicted in year 2000 can be called upon to face sentence after 15 years of acquittal? - Appellant contends that search of baggage of accused and seizure of contraband took place in a public place; compliance of Section 42(2) not required, Section 43 is applicable - No breach of Section 57; with evidence of P.W.2 and P.W.5, substantial compliance with pr .....

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9;s immortal words in Antonio Richard Rochin Vs. People of the State of California [96 L. Ed. 183 (1951)], coincidentally a case pertaining to narcotics, wherein he described some types of conduct by state agents, although not specifically prohibited by explicit language in the Constitution, as those that shock the conscience in that they offend those canons of decency and fairness which express the notions of justice. Due process of law requires the state to observe those principles that are so .....

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1.2013 (Thana Singh vs. Central Bureau of Narcotics). 2.Perhaps, this is the only case under the Special Enactment, viz. the NDPS Act, where the word 'notice' had been decorating the docket for a long number of years. 3.Even between the first and second entry, there had been a long wait of 9 years. The first entry and the second entry reads as under: Heard. Admit. Post the Crl.RC in the usual course for disposal. 29.08.2000 Fresh notice to respondents returnable by 02.09.2009. 24.06.2009 .....

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tanding Counsel for the appellant that despite the best efforts being taken to serve notice on the respondents, the prosecution is not able to do so, because the respondents are stated to have left for Sri Lanka. In such circumstances, there is no possibility to serve notice on the respondents. 4.By the judgment dated 29.06.2000, the accused was acquitted of the charges under Section 8(c) r/w Sections 21, 22, 23, 28 and 29 of NDPS Act. Challenging the same, the appellant has filed this appeal. 5 .....

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7 of the NDPS Act. Whether these two grounds are justified is the issue. 7.Even assuming that these two grounds are justified, whether the accused who was convicted in the year 2000 can be called upon to face the sentence after 15 years of the acquittal, is the yet another issue to be considered. 8.The prosecution had examined 9 witnesses, marked 40 documents and exhibited 10 material objects. 9.The allegation against the accused is that he was found in possession of 27 Kgs.of heroin and he tran .....

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ation of the information received is mandatory and this provision has been violated in this case. The non-examination of the higher officer who is stated to have received the communication, has been commented upon by the Trial Court. The higher officer did not even put the time of receipt of the information on 31.08.1998. 10.The judgment of the Trial Court points out the non-observance of conditions stipulated under Section 50 of the NDPS Act. Ex.P2 is stated to be the consent letter given by th .....

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noted down the non-recovery of the key using which the baggages had been opened from which the contraband had been recovered. The missing of the important link evidence has created considerable doubt in the mind of the Trial Court regarding the genuineness of the prosecution case. 12.The Court has relied upon the decision of the Hon'ble Supreme Court reported in 2000 (4) SCC 465 (Koluttumottil Razak vs State Of Kerala), and has held that the dictum laid down in those cases are applicable to .....

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