Shajakhan v. Inspector of Police
Case brief
What is this about?
NDPS Act conviction set aside; appeal allowed. Key terms: S.8(c) r/w 20(b)(ii)(B) NDPS Act; Section 50 NDPS Act compliance; pre-typed/pre-printed Section 50 consent record (Ex.P2) with answer filled before search; printed seizure mahazar (Ex.P3) with plastic-bag detail pre-filled; documents prepared at police station before search and seizure; 16 kgs ganja, Gandhipuram Bus Stand, Coimbatore; Crime No.275 of 2017; earlier case C.C.No.7 of 2018 (1.5 kgs ganja) and appellant's claimed acquittance therein; foisted/false case and vengeance allegation; P.W2 denial contradicted by P.W3 (Investigating Officer); witnesses P.W1–P.W3 disbelieved; ten years R.I. and Rs.1,00,000/- fine quashed; Crl.A. under S.374(2) CrPC 1973. Relevant to research on NDPS search-and-seizure documentation defects, authenticity of S.50 consent forms, and FIR-foisting claims following prior acquittal.
What did the court decide?
Impugned judgment of conviction and sentence dated 20.12.2022 in C.C.No.102 of 2020 set aside; Criminal Appeal stands allowed.