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“Neither in the arrest intimation nor in the arrest memo is there anything to indicate that the grounds for arrest were communicated to the accused.”
The Court observed that the accused persons are not just normal employees but participated in misbranding of the controlled substance as normal drug. They have also actively assisted their employer in transporting huge quantity of controlled substance under concealed identity.
The accused has continuously maintained that he had no knowledge of the parcel and was only collecting it for his neighbour. In this regard, he even showed the NCB officials the WhatsApp message sent to him by his neighbour instructing him to go to collect the parcel. The role ascribed to the accused appears confined to the act of collecting the parcel. There are no incriminating call records, financial transactions or digital communications that show that the accused had purchased any of the contraband seized from him.
The Court observed that accused prima facie seems to be involved in organized narcotic network and has been frequently in touch with the main supplier of the contraband and with the receiver of the contraband.
Shine Tom Chacko and others were arrested by the police, suspecting cocaine and other narcotic substances use during a party.
In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.
“Such individuals, who were involved in trafficking even modest amounts of contraband, were akin to termites eroding the fabric of society. It is imperative that in such cases, the Court takes a firm and resolute stance, addressing them with the utmost severity to curb this insidious menace.”
“The criminal liability against the appellant is fastened basing on the so-called version of Accused 1 and 2 which is nothing but confession by exonerating the two accused. The whole approach of the Trial Court in appreciating the evidence on record is not in accordance with law.”
The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.
The accused person required special consideration to get proper treatment or to recuperate from her suffering in an environment congenial to her.
The Constitution of India embodies a federal structure of Government which essentially requires a strong sense of cooperation among not only the Government at the Centre and the States but also the provincial Governments inter se.
Madras High Court: In an appeal filed under Section 374(2) of Code of Criminal Procedure, 1973 (CrPC) r/w Section 36-B of Narcotic
by Swarnendu Chatterjee†
Cite as: 2022 SCC OnLine Blog Exp 66