Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Union of India Versus A. Sadikkeen And. Zackkaria

2015 (10) TMI 2130 - MADRAS HIGH COURT

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 provisions of Section 57 - Held That:- Violation of Section 42(1) and (2) .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 rooted in the traditions and conscience of our people as to be ranked a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 Thereafter, the case has been posted on 02.09.2009, 05.10.2009, 23.10.2 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ken 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.The main ground of appeal is that when the search of the baggages of th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 transported the same by carrying it along with his luggage while travelling .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

en 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 the accused for the personal search of him. It is the case of the prosecut .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 the facts of this case, and therefore, the accused were found entitled t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version