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2021 Supreme(Mad) 28

R.PONGIAPPAN
O. Ramachandran – Appellant
Versus
State Rep. by the Inspector of Police, NIBCID – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R. Rajan, Advocate.
For the Respondent: S. Karthikeyan, Additional Public Prosecutor.

JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, against the judgment of conviction and sentence passed by the learned I Additional Special Judge for NDPS Cases, Chennai, in C.C.No.97 of 2007 dated 09.04.2014.)

1. The present Criminal Appeal has been filed against the judgment of conviction and sentence dated 09.04.2014, passed in C.C.No.97 of 2007 on the file of the learned Special Judge, I Additional Special Court under NDPS Act, Chennai.

2. The appellant is arrayed as Accused No.1 in the above referred case. The case against the Accused No.2, was already split up and taken up on file separately in C.C.No.3 of 2014 vide order dated 21.01.2014.

3. By judgment dated 09.04.2014, the learned Special Judge, I Additional Special Court under NDPS Act, Chennai, found the accused guilty for the offence under Section 8(c) r/w 20(b) (ii)(B) of NDPS Act and accordingly, convicted and sentenced him to undergo three years of rigorous imprisonment and to pay a fine of Rs.10,000/-, in default to undergo rigorous imprisonment for one month. The trial Court further ordered to set off the sentence already undergone by the accused, under Section 428 of Cr

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