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2007 Supreme(Mad) 2300

A.C.ARUMUGAPERUMAL ADITYAN
Sathish & Another – Appellant
Versus
State rep. by Forest Range Officer Sirumugai – Respondent


Advocates:
For the Appellants :C.S. Dhanasekaran, Advocate. For the Respondent: V.R. Balasubramaniam, Additional Public Prosecutor.

Judgment :-

This appeal has been preferred against the Judgment in C.C.No.134 of 2001 on the file of the Presiding Officer, Special Court for E.C/NDPS Act cases for the Districts of Coimbatore, Erode and Nilgiris at Coimbatore.

2. The case of the prosecution in brief is that on 3. 2001 at about 5.30p.m., when the complainant, the Forest Range Officer, Sirumugai Forest, Sirumugai was indulged in raid at Bethikuttai Pirivu, Nilgiris Eastern Slope Kappukadu, Koothamandi Southern Beat near Thombu Pallam along with his party found the accused cultivating ganja plants in the Reserve Forest by way of ploughing the land, sowing seeds and irrigating through hose pipes and thereby A1 and A2 have committed an offence under Section 21(d)(e) and (g) of Tamil Nadu Forest Act and Section 20(a) of NDPS Act 1985.

3. On appearance of the accused, the learned Judge had furnished copies under Section 207 of Cr.P.C. and when the charges were framed under Section 21(d)(e) and (g) of Tamil Nadu Forest Act and Section 20(a) of the NDPS Act and when questioned the accused, pleaded not guilty.

4. Before the trial Court, P.Ws 1 to 5 were examined. Exs P1 to P9 were exhibited and M.Os 1 to 5 were marked.

5.














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