Malliga v. State Rep by
Case brief
What is this about?
The High Court allowed the appeal partly, confirming the conviction for possession of ganja under the NDPS Act but reducing the rigorous imprisonment term from three years to eighteen months, while maintaining the fine and default sentence.
What did the court decide?
Conviction confirmed. Imprisonment reduced from 3 years to 18 months rigorous imprisonment. Fine and default sentence unaltered.
What the court decided
Bail Slip
The Petitioner herein/Accused namely Malliga, W/o.Balre, is be and hereby is directed to be and hereby released on bail as per the order of this Court made in MP.1/13 in Crl A.No.804 of 2013 dated 07.04.2014.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
CRL.A.No.804 of 2013
Malliga .. Appellant/ Accused
vs.
State rep. by, The Inspector of Police, NIB CID, Chennai. .. Respondent/ Complainant
Criminal Appeal filed under Section 374(2) Cr.P.C., against the judgment of conviction and sentence dated 07.08.2013 passed by the Principal Special Judge (Special Court under NDPS Act), Chennai in C.C.No.24 of 2005.
For Appellant : Mr.C.Mohanraj For Respondent : Mrs.P.Kritika Kamal, Govt. Advocte (Crl. Side)
Issues for consideration
3 issues framed by the court
Whether the seizure of narcotics violates Sections 41 and 42 of the NDPS Act regarding arrest procedures.
Whether the failure to obtain independent witnesses for seizure vitiates the evidence in the absence of personal search provisions.
Whether the conviction and sentence against the appellant require modification.
Parties & counsel
- appellant
Malliga
- respondent
State rep. by The Inspector of Police, NIB CID, Chennai
Coram
P.N.PRAKASH
Case details
As recorded by the court registry
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