MURUGAN; MEERA MYTHEEN Vs. STATE

JUDGEMENT

(1.) The appellants are arrayed as accused in C.C.No.930 of 2003 on the file of the Court of Special District and Sessions Judge for EC and NDPS Act Cases, Madurai and they stood tried, charged and convicted, vide impugned judgment dated 09.08.2007, thus: <FRM>JUDGEMENT_722_LAWS(MAD)3_2015.html</FRM>

(2.) When the appeal was called on 11.02.2015, the learned Counsel for the appellants was absent and hence, the matter was directed to be listed on 25.02.2015 for appointment of Amicus Curiae and disposal. Once again, the learned Counsel for the appellants, was absent on 25.02.2015 and hence, this Court appointed Mr.V.Ramalingam, (Enrolment No.2662/2010) No.16, Law Chambers, Madurai Bench of Madras High Court, Madurai, as Amicus Curiae to assist this Court.

(3.) It is the submission of the learned Amicus Curiae appearing for the appellants that according to P.W.4, he received the information through the informant that A-1 and A-2 are rearing 'ganja' plants and accordingly, they along with the police party, proceeded to Vagaikulam village and went to the house bearing Door No.7/57, wherein in front of the said house, three ganja plants were reared by A-1 and tendered by A-2 and after complying with necessary formalities, has seized the contraband and also effected arrest of the accused and came back to the Police Station and registered a case in Cr.Nos.185 and 186 of 2002 and admittedly, the mandatory provisions under Section 42(2) of the NDPS Act, have not been complied with P.W.4 and hence, the appellants are entitled to be acquitted.