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2007 Supreme(Mad) 455

M.THANIKACHALAM
Shanthi – Appellant
Versus
State rep. By The Inspector of Police, Erode Taluk Police Station – Respondent


Advocates:
For the Appellant:P. Rathnavel, Advocate. For the Respondent:Hasan Mohamed Jinnah Govt. Advocate (Crl. Side).

Judgment :-

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


































































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