JUDGMENT :

The present appeal is directed against the conviction and sentence, dated 03.02.2016 made in C.C.No.251 of 2013 on the file of II Additional Principal Special (for NDPS Cases) Court, Madurai.

2. The appellant is the sole accused. She stood charged for the offences punishable under Section 8(C) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as “NDPS Act”). After full-fledged trial, the learned II Additional Principal Special Judge for NDPS Cases, Madurai, came to the conclusion that the appellant was found guilty for the offences under Section 8(C) r/w 20(b)(ii)(B) of NDPS Act and accordingly, the appellant was convicted and sentenced to undergo Rigorous Imprisonment for 15 months and to pay a fine of Rs.10,000/-, in default to undergo one month simple imprisonment. Challenging the said conviction and sentence, the appellant is before this Court, by way of filing the present Criminal Appeal.

3. The relevant facts of the case, which gave rise to the filing of this appeal are necessary to be recapitulated for the disposal of this appeal:-

(i) PW4-Malaisamy, the then Sub Inspector of Police, B-5 Southgate Police Station, Madurai City, on 05.05.2013 around 13 hours, while he was in the Police Station, received the information about the selling of Ganja. The said information was recorded under Ex.P7 in terms of Section 42(2) of NDPS Act. Thereafter, after obtaining the permission from the Inspector of Police, he along with one Alagarsamy, the then Head Constable and PW1-Pandiyammal, around 13.45 hours, reached the Southveli Street Junction. After identifying the accused, PW4 along with team approached the accused and informed about the search made on her. In this regard, PW4 obtained Consent Letter from the accused under Ex.P8. During the time of search, they were found that the accused possessed with Ganja weighing about 1.250 kgs. On seeing the same, PW4 took 100 kms from total contraband and sealed the same for the purpose of chemical examination. He took the remaining contraband in a brown colour sheet. Around 14.15 hours, he arrested the accused and recovered the contraband along with Rs.100/- under a cover of Mahazar (Ex.P1). In turn, the accused was brought to the police station and the case has been registered against her in Crime No.245 of 2013 under Sections 8(C) r/w 20(b)(ii)(B) of NDPS Act. The printed FIR was marked as Ex.P9. After registering the case as above, he handed over the case records to PW5 for investigation.

(ii) PW5-Mahesh, the then Inspector of Police, Southgate Police Station, Madurai, after receipt of the case, made arrangements for handing over the contraband before the Jurisdictional Court. He submitted an application to forward the sample contraband for chemical examination. Then in view of the reference issued by the Court, PW2-Saleemsait, the then Head Constable, handed over the contraband with the Forensic Science Department for chemical examination.

(iii) PW3-Baskaran, the then Scientific Officer, Forensic Science Department, Madurai, on 20.05.2013 received the contraband and examined the same. On examination, he found that the sample contraband which was received from the Court, is having the character of Cannabis (Ganja). In this regard, he issued the report under Ex.P6. After receipt of the chemical examination report, PW5 came to the positive conclusion that the appellant is liable to be convicted under Section 8(C) r/w 20(b)(ii)(B) of NDPS Act and filed a final report accordingly.

4. Based on the above materials, the trial Court framed the charges against the accused under Section 8(C) r/w 20(b)(ii)(B) of NDPS Act. The accused denied the charges and opted for trial. Therefore, she was put on trial.

5. During the course of trial proceedings, in order to prove their case, on the side of the prosecution, 6 witnesses have been examined as PW1 to PW6 and 10 documents were exhibited as Ex.P1 to Ex.P10, besides, two Material Objects [M.O.1 and M.O.2]