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2021 Supreme(Mad) 3016

R.PONGIAPPAN
Mokkaithai – Appellant
Versus
State, rep. by The Inspector of Police, NIB CID Wing, Dindigul – Respondent


Advocates Appeared:
For the Appellant : Mr. S.T. Sasidharan Tamilkani, Legal Aid Counsel.
For the Respondent:Mr. E. Antony Sahaya Prabahar, Government Advocate (Crl. side).

JUDGMENT :

The present appeal is directed against the conviction and sentence dated 18.04.2016, passed in C.C.No.186 of 2008, on the file of the learned I Additional Special Judge for NDPS Act cases, Madurai.

2. The appellant is the accused in C.C.No.186 of 2008. She stood charged for the offence punishable under Section 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act [hereinafter referred to as ''the NDPS Act]. She denied the charge and opted for trial. After full-fledged trial, the Presiding Officer of the Special Court for NDPS Act cases found the accused guilty under Section 8(c) read with 20(b)(ii)(B) of the NDPS Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.8,000/-, in default, to undergo simple imprisonment for six months. Challenging the same, the accused is before this Court with this Criminal Appeal.

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

(i) On 24.09.2005, while P.W.4 – Nambinarayanan, who is the Head Constable, Palayamkottai Police Station, had been on duty in N.I.B.C.I.D., at Dindigul, received a

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