V.S. ANANDAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant herein is the original accused in NDPS Special Case No. 108 of 2006. The accused is convicted for offence punishable under Section 21(b) r/w 8(c) and 29 r/w 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') and is sentenced to suffer R.I. for 5 years and to pay fine of Rs. 50,000/ i.d. to suffer S.I. for 3 months vide Judgment and Order dated 28th March, 2012 by Special Judge under the N.D.P.S. Act.

(2.) Such of the facts, which are necessary for the decision of this appeal are as follows :

(3.) The learned Counsel appearing for the appellant submits that in the present case there is non compliance of the mandatory provisions under Section 42 and Section 50 of the N.D. P.S. Act and therefore, the appellant deserves to be acquitted.