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  • In K.B. Rasheed v. State of Kerala, the Kerala High Court held that the prosecution should not violate the provisions laid down u/s 279 and 281 CrPC which talks about interpretation of evidence against the accused in the language which they understand.
  • The Court also observed that non-compliance with sections 279 or 281 does not vitiate the trial altogether unless some sort of prejudice is caused to the accused.
  • In this case the appellant accused was convicted u/s 20(b)(ii)(B) of the NDPS Act by a Special Court. 
  • Subsequently, an appeal was filed in the Hon'ble High Court challenging this decision on the ground that section 279 and 281 CrPC were violated. 
  • The Counsel for the appellant contended that in none of the stages of the trial, the accused was informed of the proceedings in his own language which is Kannada.
  • The Counsel further argued that various proceedings were not interpreted to the accused violating his right u/s 279 and 281 of CrPC.
  • The Court observed that there is no doubt that during the trial, the accused was deprived of the interpretation of the evidence adduced against him.
  • The Court also observed that throughout the proceedings, the accused was represented by a counsel and neither of them pointed out this fact before the Special Court at any stage of the trial.
  • The Court took reliance on the Supreme Court's Judgement in Shivanarayan Kabra v. State of Madras, 1967 where it was held that non-compliance with section 279 and 281 does not render the prosecution invalid.
  • The Ld. Court upheld the decision of the Special Court for conviction of accused under the NDPS Act.
  • Accordingly, the appeal was dismissed.
     
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