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2021 Supreme(Mad) 1209

N.SATHISH KUMAR
M. Ramamoorthy – Appellant
Versus
Inspector of Police, NIB-CID, Salem, Salem District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.G.Karuppasamy Pandian
For the Respondent: Mr.J.C.Durairaj Counsel for Government of Tamil Nadu (Crl. Side)

JUDGMENT :

1. This Criminal Appeal has been filed against the judgment of conviction and sentence, dated 30.12.2020, in C.C.No.27 of 2019 on the file of the Special Court for EC/NDPS Act Cases, Salem.

2.The case of the prosecution is that, on 26.03.2019 at about 15.00 hours, the appellant/accused was in possession of 1.200 kg of Ganja at Hanumanthapuram graveyard in Karimangalam, Dharmapuri District, valued about Rs.12,000/- and hence, he was arrested by the respondent police and thereafter, he was charge-sheeted for the offences under Sections 8(c) r/w. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

3.While framing the charges, the accused/appellant pleaded guilty. Based on the same, the trial Court convicted the accused/appellant under Sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act and sentenced him to undergo five years Rigorous Imprisonment and also to pay a fine of Rs.20,000/-, in default, to undergo one year Rigorous Imprisonment.

4.Challenging the judgment of conviction and sentence, the appellant/accused has preferred this appeal before this Court.

5.The learned counsel appearing for the appellant/accused submitted that the charge framed against

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