NARENDRA KUMAR JAIN Vs. INTELLIGENCE OFFICER NCB CHENNAI

JUDGEMENT

(1.) THE first respondent / first accused in Crl. A. No. 401 of 2005 prefers Crl. M.P. No. 1971 of 2006 and the fourth respondent/fourth accused in Crl. A. No. 401 of 2005 prefers Crl. M.P. No. 8423 of 2005, seeking recall of the non-bailable warrant issued as against them in Crl. M.P. No. 3995 of 2005.

(2.) THE petitioners along with two other accused faced a trial for offences under Sections 8 (c) read with Sections 21, 25, 28 and 29 of the Essential Commodities and Narcotic Drugs and Psychotropic Substances Act. By a judgment dated 20.4.2005, the Special Court for Essential Commodities and Narcotic Drugs and Psychotropic Substances Act cases, Coimbatore acquitted all the accused. As against such an order of acquittal, the complainant Intelligence Officer of Narcotics Control Bureau, South Zonal Unit,Chennai preferred an appeal.

(3.) HE would further submit that the petitioners who have been acquitted cannot be detained while they enjoy the presumption of innocence even at the appellate stage against the spirit of Article 21 of the Constitution of India.