Next > ® IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2017 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL APPEAL NO.71 OF 2009 BETWEEN:
Intelligence Officer, Narcotics Control Bureau, South Zonal Unit, Chennai.
…APPELLANT.
(By Shri K.N. Mohan, Special Public Prosecutor) AND:
1. P. Balakrishnan @ Krishna @ Balan @ Rajan, S/o. Periaswamy Maria Pillai, Aged about 35 years, No.30, Temple Street, Medavakkam Colony, Kilpauk, Chennai-10.
2. T. Soloman, S/o. T.S. Thomas, Aged about 50 years, No.41-B, North Badrakaliamman Koil Street, Tuticorin.
3. S. Raj, S/o. Shanmugavel, Aged about 43 years, No.3/30, Shivarajapuram, Tuticorin-1.
4. Sam Sundar Singh, S/o. Durairaj, Aged about 46 years, No.83, Vadakku Badrakali Amman Koil Street, Tuticorin-1.
5. R. Muniswamy @ Swamy, S/o. S. Ramaswamy, Aged about 45 years, No.57, Krishnappa Agraharam Street, Kondithoppe, Chennai-79.
6. K. Sudalaiandi, S/o. Kandaswamy, Aged about 40 years, 12th Prine Nagar, Tuticorin Post, Tamil Nadu State.
7. Syed Hayat Saab, S/o. Hayat Saab, Aged about 31 years, Ingalege, Janata Block Road, Lokapur P.O., Bagalkot, Lokapur.
8. Thasthagir, Aged about 51 years, No.14-17/15-a, Old Mosque Street, Thiruvidanakodu, K.K. District.
9. Mohammed, Aged about 46 years, Mandsaur.
10.V. Pandi, S/o. Velusamy Nadar, Aged major, No.67, Panaiyur, Kulathur Post, Vilathikulam Taluk, Tuticorin District. …RESPONDENTS (By Shri B. Kumar, Senior Advocate for Shri Amar Correa, Advocate for Respondents 1 to 5, R-7, 8 & 10, Appeal against Respondent No.9 is dismissed vide order dated 17.01.2011, Appeal abates as against Respondent No.6 vide order dated 16.12.2016.) ***** This Criminal Appeal is filed under Section 378(4) of the Code of Criminal Procedure, 1973 praying to grant special leave to file appeal and set aside the judgment and order of acquittal dated 18.10.2008 passed by the XXXIII Additional city Civil and Sessions Judge, and Special Judge (NDPS), Bangalore, in Spl.C.C.No.248/2002 – acquitting the respondents / accused for the offence punishable under Section 8(c) punishable under Section 21 read with Sections 25, 28, 29 of the N.D.P.S. Act, 1985.
This appeal having been heard and reserved on 25.1.2017 and coming on for pronouncement of orders this day, the Court delivered the following:-
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