Court in the cases of Surinder Kumar Khanna v. Directorate of Revenue Intelligence reported in

Crl.A.(MD).No.939 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 17.09.2025CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNANCrl.A.(MD).No.939 of 2024The State Represented byThe Inspector of Police,Alingaram Police Station,Theni District.(Crime No.621 of 2021) ... Appellant/Complainant Vs.Tr.Gangadeva ... Respondent/AccusedPRAYER : Criminal Appeal has been filed under Section 378(1) of the Criminal Procedure Code, to call for the records and set aside the order of Acquittal dated 30.10.2023 made in C.C.No.7 of 2023 on the file of the learned Principal Special Court for EC & NDPS Act Cases, Madurai, and allow this Criminal Appeal. For Appellant : Mr.T.Senthil Kumar Additional Public Prosecutor For Respondent : Mr.S.BalajiPage 1 of 10 https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.939 of 2024JUDGMENTThe complainant in C.C.No.7 of 2023 on the file of the Principal Special Court for EC & NDPS Act Cases, Madurai, has filed this appeal, challenging the acquittal order passed by the Principal Special Court for EC & NDPS Act Cases, Madurai. 2.The brief facts of the case as follows:On 08.12.2021, at 05.00 p.m, the Inspector of police P.W.2 received the secret information about the illegal possession of Ganja near the bramble at the foot hill, Pandikovil front side, Vallinagar, Allinagaram, Theni District. He reduced it in writting and informed the same to his superior namely, Tmt.Rani, the Inspector of Police, and after getting permission from her, he went to the occurrence place with his team. The informar identified three persons. On seeing the police party, one person, who is respondent/A1 herein escaped from the scene of occurrence and the other two persons/A1 & A2 were nabbed by P.W.2 and his team and they introduced themselves as police officers and he was informed about their Page 2 of 10 https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.939 of 2024right to be searched before the Judicial Magistrate or the Gazetted officer as required under Section 50 of the NDPS Act. A1 & A2 consented to conduct the search by the officer himself and hence, P.W.2 conducted the search and found sacks. They opened the sacks and found that there was 21 kg of Ganja. Thereafter, they recovered the contraband after follwing the proceedure and took the samples S1 and S2 and properly sealed the same. According to P.W.2, they weighed the contraband and found the quantity to be 21 kg. Thereafter, he arrested A1 & A2. A1 & A2 gave confessions and he recorded the said confessions. After that, P.W.2 handed over A1 & A2 along with contraband and a detailed report under Section 57 of NDPS Act to P.W.3. P.W.3 remanded A1 & A2 along with contraband and arrested A1 & A2 and FIR was registered in Crime No.621 of 2021 for the offence under Sections 8(c) r/w 20(b)(ii)(C) of the NDPS Act and produced the accused before the learned Judicial Magistrate. After completing all the formalities, the learned Judicial Magistrate remanded the said accused. Thereafter, P.W.3 conducted the investigation. After investigation, he found that the respondent is the main accused and A2 & A3 are purchasers from the respondent. Hence, alternation report was filed before the learned Judicial Page 3 of 10 https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.939 of 2024Magistrate, Theni, on 18.05.2022 by altering the offences under Section, 8(c) r/w 20(b)(ii)(C) of the NDPS Act and 29(1) of NDPS Act, against the respondent. On 22.06.2023, the respondent voluntarily surrendered before the Court. P.W.3 filed final report before the Principal Special Court for EC & NDPS Act Cases, Madurai, and the same was taken on file in C.C.No.7 of 2023. The learned trial Judge issued summons to the respondent and on his appearance, served the copies under Section 207 Cr.P.C. and framed the necessary charges and questioned the respondent. The respondent pleaded not guilty and stood trial.3. The prosecution, to prove the case examined P.W.1 to P.W.3 and exhibited 10 documents as Ex.P.1 to Ex.P10 and produced 3 material objects as M.O.1 to M.O.3. The learned trial Judge questioned the respondent under Section 313 of Cr.P.C., proceedings by putting the incriminating evidence available from the evidence of prosecution witnesses and documents. The respondent denied the same as false and the case was posted for examination of the witnesses on the side of the respondent. On the side of the respondent, no one was examined and no document was marked. Page 4 of 10 https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.939 of 20244. After considering the material adduced by the prosecution and also hearing the argument of the accused/respondents, the learned trial Judge has passed the impugned order, dated 30.10.2023, and acquitted the respondent/accused from all the charges, which were framed against him. 5. Challenging the above said acquittal, the State has preferred the present Criminal Appeal.6. The learned Additional Public Prosecutor would submit that it is true that the charge was framed under Section 8(c) r/w 20(b)(ii)(C) of the NDPS Act. Since the respondent had absconded from the scene of the occurrence, he is also liable to be convicted under Section 8(c) r/w 20(b)(ii)(C) of the NDPS Act. P.W.2 and P.W.3 clearly deposed about his abscondence from the scene of occurrence on seeing the arrival of the police party on the date of the occurrence. Therefore, the learned trial Judge erred in acquitting the respondent and hence, he seeks to allow this appeal by setting aside the acquittal order passed by the learned trial Judge. Page 5 of 10 https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.939 of 20247. The learned counsel for the respondent would submit that admittedly, there was no recovery from the respondent. He was not present at the scene of occurrence at the time of the recovery of contraband. Only on the basis of the confession of the co-accused, he voluntarily surrendered before the Court and there is no other material available to record the conviction under the grave charge of possession of 21 kg of Ganja. There is no corroborative evidence on record to prove the possession of the Ganja. Therefore, the learned trial judge correctly acquitted the respondent and hence, he prayed for dismissal of this Appeal. 8. This Court considered the rival submission and also perused the records and the impugned judgment and the precedents relied upon by them. 9. Even as per the prosecution case, the respondent has escaped from the scene of the occurrence and there was no recovery from him. Only available evidence against him is the confession of A2 & A3. The said confession is not admissible as per the judgments of the Hon'ble Supreme Page 6 of 10 https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.939 of 2024Court in the cases of Surinder Kumar Khanna Vs. Directorate of Revenue Intelligence reported in (2018) 8 SCC 271 and Firdoskhan Khurshidkhan Vs. The State of Gujarat & Another reported in 2024 (5) SCALE 573. P.W.2 and P.W.3 have not deposed before the Court about the indentification of the respondent during the course of examination. Without any incriminating material to prove the exclusive possession of the contraband by the respondent on the date of the occurrence, the conviction under Section 8(c) r/w 20(b)(ii)(C) of the NDPS Act is not maintainable. This Court finds no materials to prove his presence at the scene of occurrence along with A2 & A3 on the date of the occurrence. Even though, the respondent was charged with grave offence, this Court without any strong material can not tip the scales to convict the respondent.10. Apart from that, prior to the occurrence, he met with an accident and also sustained leg injuries and thereafter, he was admitted in a Hospital at Trichy and took treatment for kidney failure. Therefore, his presence at the scene of occurrence is doubtful. Apart from that, P.W.2 and P.W.3, the Investigating Officer admitted that no recovery was made from Page 7 of 10 https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.939 of 2024the respondent. Further, P.W.3, the Investigating Officer admitted that no material was collected by him against the respondent to prove the conspiracy charge also. The relevant portion of the evidence of P.W.1 and P.W.2 is a follows:-Evidence of P.W.1Evidence of P.W.2vjphp fq;fhnjtplk; ,Ue;J ve;jtpj brhj;Jf;fSk; ifg;gw;wg;gltpy;iy. tHf;F vjphp fq;fhnjth ePjpkd;wj;jpy; ruzile;j gpwF ntiu fhtypy; vLj;J tprhuiz bra;a eltof;if vLf;ftpy;iy. ,e;j tHf;F rk;gtk; ele;jjhf brhy;Yk; 3 khjq;fSf;F Kd;g[ jpUr;rp fhnthp kUj;Jtkidapy; fpl;dp; khw;W mWit rpfpr;ir bra;j gpwF> mth; btspapy; bry;y Koahky; tPl;onyna jhd; ,Ue;J te;jhh; vd;why; mJgw;wp vdf;F bjhpahJ. Rk;gtj;jpw;F rpy tUlq;fSf;F Kd;g[ mtUf;F Vw;gl;l rhiy tpgj;jpy; mtuJ tyJ fhy; Kwpt[ Vw;gl;L rpfpr;ir bgw;W te;jhh; vd;why; mJgw;wp vd;fF bjhpahJ. Ehd; jtwhf brhy;fpnwd; vd;whYk;> mt;thW rpfpr;irapy; ,Ue;J te;jhh; vd;whYk; rhpay;y. ,e;j vjphpf;Fk; ,e;j tHf;fpd; kw;w vjphpfSf;Fk; bjhlh;g[ ,Ug;gjhfnth my;yJ mth;fSf;Fs; tHf;F nghijg;bghUs; rk;ge;jkhf ngrpf;nfhz;ljhfnth> Mtzq;fs; VJk; jhf;fy; bra;atpy;iy. Gphpt[ 29(1)f;F Mjuthf ,e;j tHf;fpy; ve;j Mtzq;fSk; jhf;fy; bra;atpy;iy. 11. In view of the above discussion, the submission of the learned Additional Public Prosecutor that after recording conviction against the remaining accused, the learned trial Judge committed error in acquitting the Page 8 of 10 https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.939 of 2024respondent cannot be accepted. Hecne, this Court finds no merits in this appeal. 12. Accordingly, this Criminal Appeal stands dismissed and the acquittal order passed by the learned Principal Special Court for EC & NDPS Act Cases, Madurai, in C.C.No.7 of 2023, dated 30.10.2023, is hereby confirmed. 17.09.2025NCC:Yes/NoIndex:Yes/NoInternet:Yes/Nodss/sbnTo:1.The Principal Special Court for EC & NDPS Act Cases, Madurai.2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.Page 9 of 10 https://www.mhc.tn.gov.in/judis Crl.A.(MD).No.939 of 2024K.K.RAMAKRISHNAN, J.dss/sbnCrl.A.(MD).No.939 of 202417.09.2025Page 10 of 10