Sabiq Rahuman vs State Rep By

Headnote AI-drafted · Editorially reviewed

The appellants, who were convicted accused Nos. 1, 3, 4 and 7 in C.C.No.326 of 2017, challenged their conviction under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the sentence of 10 years rigorous imprisonment and fine of Rs.1,00,000/- each imposed by the District and Sessions Court (Trial Court for South District Communal Clash Cases), Madurai, vide judgment dated 10.07.2023.

The prosecution case arose from an interception on 15.11.2016, when the police, acting on secret information, stopped a Toyota Qualis vehicle on the Cuddalore-Cumbum Main Road, Theni District, and recovered 122 kg of ganja from five gunny bags inside the vehicle. Seven persons were found in the vehicle; rights under Section 50 of the NDPS Act were communicated, and the accused consented to the search by police officers. FIR was registered, investigation was transferred through multiple officers including NIB CID, and a final report was filed. A2 died before framing of charges, A5 absconded during trial, and A6 was acquitted by the trial court.

The Madurai Bench of the Madras High Court heard the connected criminal appeals along with miscellaneous petitions arising out of the common judgment of the trial court and proceeded to consider the common questions of law and fact arising in all the appeals, including compliance with mandatory provisions of Section 50 and other procedural requirements under the NDPS Act.

Catchwords: NDPS Act · ganja · commercial quantity · Section 50 compliance · secret information · interception · rigorous imprisonment · appeal against conviction · NIB CID · search and seizure