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2003 Supreme(Mad) 952

P.SATHASIVAM
Selvam – Appellant
Versus
State represented by Inspector of Police – Respondent


Advocates Appeared:For the Petitioner:Mr. S. Shanmigavelayutham, Advocate. For the Respondents:Mr. K. Abudukumar Rajarathinam, Govt., Advocate (Criminal Side).

Judgment :-

The accused in C.C.No.83 of 1999 on the file of the Special Judge for Essential Commodities Act cases, Thanjavur is the appellant in the above appeal. He was tried for offences punishable under Section 8 (c) read with 20(b)(i) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"). On being found guilty under Section 8 (c) read with 20 (b)(i) of the Act, he was sentenced to undergo R.I. for 18 months and to pay a fine of Rs.100/- in default of payment of fine to undergo R.I. for one month; and under Section 22 of the said Act, he was sentenced to undergo R.I. for 10 years and to pay a fine of Rs.1 lakh in default of payment of fine to undergo R.I. for 6 years, and both the sentences were ordered to run concurrently. Against the said conviction and sentence, the accused preferred the present appeal before this Court.

2. Heard Mr. S. Shanmugavelayutham, learned counsel for the appellant and Mr. K. Abudukumar Rajarathinam, learned Government Advocate (Criminal Side) for the State.

3. The case of the prosecution is briefly stated hereunder:

On 19-1-1999 at about 13.00 hours P.W.4, Inspector of police, Narcotic Intelligence Bur












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