The accused's exclusive possession of the contraband and failure to account satisfactorily for the possession led to the presumption of guilt under Section 54 of the NDPS Act.

The accused, who sustained conviction followed by sentence in S.C.No.150 of 2004 on the file of the Additional District and Sessions Judge and Special Court for Essential Commodities Act at Coimbatore, is the appellant.

2. The respondent police brought the accused before the trial Court to face the trial for the alleged offences under Section 8(c) r/w 20(b) (ii)(C) of the NDPS Act (hereinafter called the Act) inter alia on the grounds, that on information, when the premises of the accused was searched, following the procedure, on 30.3.2004 at about 1.00 p.m., the search party found the accused in possession of 267 kgs of Ganja in the house bearing Door No.51, Balaji Gardens, Thindel Village, without any licence or permission, as well she possessed a sum of Rs.70,070/-being the sale consideration of the Ganja, for which she should be dealt with according to law.

3. The learned Additional District and Sessions Judge, who is the Special Judge also under the above said Act, having gone through the materials placed before him, satisfying himself to frame charge and to proceed further, and in this view, a charge was framed under Section 8(c) r/w 20(b)(ii)(C) of the Act on 110. 2004.

4. As mandated under the Criminal Procedure Code, the accused was examined with reference to the allegations as well as the charge framed against her, for which she not only disputed the prosecution case, but also pleaded not guilty, thereby compelling the prosecution to make out a case as contemplated under law.

5. The prosecution, realising its onerous responsibility to prove the charge against the accused, have marched in 8 witnesses supported by 18 documents armed with 39 material objects.

6. The learned trial Judge, scanning the above materials and weighing the same in the touchstone of legal principles, came to the conclusion, that there was no violation of any mandatory provisions of the Act, that the prosecution has undoubtedly proved not only the possession, but also the offence committed under the above said section for which she should be dealt with as per the penal provision. In this view, having found the accused guilty under Section 8(c) r/w 20(b)(ii)(C) of the Act, the learned Judge convicted and sentenced the accused to undergo minimum sentence of 10 years R.I. in addition to payment of Rs.1,00,000/-as fine with usual default clause of one year, giving set off also, which failed to satisfy the accused and the result is this appeal.

7. When the matter was heard by this Court, a doubt had arisen about the non compliance of certain provisions, which I will discuss infra also. In order to ascertain that position, upon contest, an order was passed on 4. 2006, under which a direction had been given to the Trial Court, to recall P.W.2 and examine him further. Pursuant to the direction given by this court in Crl.M.P.No.20250 of 2006 dated 4. 2006, the trial court recalling P.W.2 examined once again and exhibited Exs.P.16 to P.18 giving opportunity to the accused also to cross examine the witness and thereafter, the case was taken for final disposal.

8. Brief facts in a nutshell, which are necessary for the disposal of this appeal:

.(a) Thiru Murugesan (P.W.2) was working as the Sub Inspector of Police at Erode Taluk Police Station, Erode District. On 30.3.2004, he received an information from an informer about the illegal storage of Ganja at Door No.51, Balaji Gardens, Thindel Village by a lady called Shanthi/accused.

.(b) The information so received by P.W.2 was entered in the General Diary (Exs.P16-P18). P.W.2 also informed his higher authorities, about the proceedings to be initiated against the person, for storing Ganja illegally, in the above said premises through wireless message (Ex.P.3). Thereafter, since the accused is a lady, P.W.2 sent for Mahalakshmi (P.W.7). P.Ws.2 & 7 and other police personnel proceeded to the place where Ganja was said to have been stored, for search and seizure, informing the same to the Judi