The State Rep By, The Jr.Intelligence Officer, v. D.Yuvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN AND CRL A SR NO. 63348 OF 2024 The State Rep By, The Jr.Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai-600 077.

Petitioner(s) Vs D.Yuvaraj S/o.M.Duraiswamy, No.44, Appavu Street, Ellis Road, Chennai-600 002. and 7 Others Respondent(s) C R L A S R N O . 63 3 4 8 of 20 2 4 Union Of India Appellant(s) Vs D.Yuvaraj Respondent(s) C R L O P N O . 20 3 9 of 20 2 5 For Petitioner(s):

Mr.N.P.Kumar, Special Public Prosecutor (for Ncb Cases) For Respondent(s):

C R L A S R N O . 63 3 4 8 of 20 2 4 For Appellant(s):

For Respondent(s):

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ORDER

Aggrieved by the acquittal of the respondents for the offences punishable under the NDPS Act, the petitioner/complainant has filed the present petition seeking leave to file an appeal.

2. The learned Special Public Prosecutor (for NCB cases) submitted that though the prosecution had established the case beyond reasonable doubt, the trial Court has held that the possession of the contraband was not illegal, without taking into consideration the prosecution case that the contraband was kept for illegal export without valid medical permit and that therefore, the judgment of the trial Court is liable to set aside.

3. The points raised by the learned Special Public Prosecutor require consideration by this Court and hence, leave is granted to file an appeal.

4. Registry is directed to number the appeal and post for admission, if it is otherwise in order.

29-01-2025 ars Page No.3 of 5

To

1. D.Yuvaraj S/o.M.Duraiswamy, No.44, Appavu Street, Ellis Road, Chennai-600 002.

2. R.Chandramouli S/o.U.R.Chandran, Door No.38, Mahadevan Street, West Mambalam, Chennai-600 033.

3. K.S.Rajesh Kumar S/o.V.S.Chari, No.6c, Gokulam Colony, No.2, Ramavaram Main Road, Valasaravakkam, Chennai-600 087.

4. Roshan Sumanlal Kapadia S/o.Not Known, No.434, Parijat Apts, Dhanukarwadi, Kandiwali(w), Mumbai-67.

5. Nikhil Sumanlal Kapadia S/o.Not Known, Plot No.337, Rsc 41, Secotr Vii, Charkop, Kandiwali(w), Mumbai-67.

6. M/s.Vulcan Direct, No.44, Appavu Street, Ellis Road, Chennai-600 002.

(company Re.By R1, R2, R3 Herein)

7. M/s.Trade Ventures International, 4 Bhaidas Khimji Chowl Opp., New Appolo Industrial Estate, Andheri(e), Mumbai-400 069.

(company Rep.By R4, R5 Herein)

8. M/s.Trade X, 4 Bhaidas Khimji Chowl Opp., New Appolo Industrial Estate, Andheri(e), Mumbai-400 069.

(company Rep.By R4, R5 Herein) Page No.4 of 5

SUNDER MOHAN, J.

ars AND CRL A SR NO. 63348 OF 2024 29.01.2025 Page No.5 of 5