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2008 Supreme(Mad) 4700

P.R.SHIVAKUMAR
Shanmugam – Appellant
Versus
Inspector of Police NIB – CID Chennai – Respondent


Advocates Appeared:
For the Appellant:T.S. Sasikumar, Advocate.
For the Respondent:R. Muniapparaj, Govt Advocate (Crl.Side).

Judgment :-

1. The sole accused in C.C.No.11 of 1995 on the file of the Additional Special Judge for NDPS Act, Chennai who stood charged and found guilty as per the charge for an offence punishable under Section 8(c) read with Section 18 of the Narcotic Drugs and Psychotropic substances Act, 1985 and was awarded a sentence of rigorous imprisonment of 10 years and a fine of Rs.1,00,000/- with a default sentence of one year rigorous imprisonment by the said judge, vide judgment dated 03.05.2002, has come forward with this appeal challenging the conviction recorded against him and the sentence imposed on him.

2. The case of the prosecution, in brief, can be stated as follows:-

a) P.W.4 – Thiru.Packiaraj, the then Sub-inspector of police, NIB-CID, Chennai received a secret information from an informant from Choolaimedu, Chennai at 7.30 p.m on 02.07.1994 to the effect that a person named Shanmugam, residing at No.59, 14th West cross street, Mahakavi Bharathiyar Nagar, Chennai (the appellant/accused) was proceeding towards his residence after purchasing 2 Kgm of Opium from an unidentified person at Vadapalani, Chennai.

b) Immediately thereafter P.W.4 prepared Ex.P5 - Intimation and sent i





































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