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2019 Supreme(Mad) 324

R.SURESH KUMAR
Danraj – Appellant
Versus
State rep. by the Inspector of Police Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :G.S. Magesh, Advocate.
For the Respondent:Mohamed Riaz, Additional Public Prosecutor Assisted by Shanmuga Rajeswaran, Govt. Advocate (Crl. side).

JUDGMENT :

1. This Criminal Appeal has been filed against the Judgment and conviction made by the Special Judge, II Additional Special Court under NDPS Act, Chennai in C.C.No.39 of 2010, by Judgment, dated 16.05.2012 whereby the appellant / accused has been convicted for the offence under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985 as amended by Act 9 of 2001 and sentenced him to undergo 7 months RI and to pay a fine of Rs.5,000/-, in default to undergo further period of one month R.I.

2. The case of the prosecution before the trial Court was that, on 21.08.2009 at about 9.15 a.m, the P.W.2, Sub Inspector of Police working at respondent police station received an information from her informant through telephone about the indulgence of illicit sale of Ganja by one Danraj, s/o. Sankar on the back side of Block-A four storeyed building, Cemetry Road, T.P.Chatram, Chennai.

3. P.W.2 reduced the said information (Ex.P.3) into writing and submitted the same to the P.W.4, Inspector of Police for necessary permission. P.W.4, after having gone through the information placed before him by P.W.2 had given permission to P.W.2 and the police team to rush to the spot and take action in accordanc










































































































































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