JUDGMENT :

The present Criminal Appeal is directed against the conviction and sentence, dated 18.12.2015, made in C.C.No.298 of 2007, on the file of the II Additional Special Court for NDPS Act Cases, Madurai.

2. The appellant is the sole accused. He stood charged for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as “NDPS Act”).

3. After full-fledged trial, the learned II Additional Special Judge for NDPS Act Cases, Madurai, came to the conclusion that the appellant was guilty under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act and sentenced to undergo Rigorous Imprisonment for 18 months and to pay a fine of Rs.10,000/-, in default, to undergo Simple Imprisonment for 1 month. Challenging the said conviction and sentence, the appellant is before this Court, by way of filing the present Criminal Appeal.

4. 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) P.W.3-Karuppaiah, the then Inspector of Police, Chathirapatti Police station, on 29.04.2006 around 12.15 p.m., while he was on patrolling duty in respect of identifying the prohibition offences, received an information and in turn, he reached Periya Odai, Mathulamparai Village, wherein, he secured the appellant/accused and informed about the rights having by him under Section 50 of NDPS Act. The accused did not give an option to exercise his rights. He permitted the police officials for conducting search.

(ii) On such occasion, he produced the bag, which containing 5 Kilograms of Ganja. After seeing the same, P.W.3 arrested the accused and recovered the contraband under the cover of Mahazar. In the said mahazar, P.W.2-the then Sub-Inspector signed as a witness. After recovering the contraband, P.W.3 took 50 grams of Ganja from the total contraband and afterwords, the same was packed and sealed for the purpose of chemical examination. On the same day, around 14.00 hours, P.W.3 returned to the police station along with accused and contraband, registered a case against the accused in Cr.No.88 of 2006 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of the NDPS Act. The printed FIR was marked as Ex.P5. He send the contraband to the Court and had given a requisition letter for sending the contraband to the chemical examination.

(iii) In turn, along with the proceedings issued by the Court, P.W.1-Meenakshi, Chemical Examiner in Forensic Department, Madurai, on 17.05.2006 received the contraband for chemical examination and after examination, she issued a report that the sample which have been received is a Cannibis. The requisition given by P.W.3, proceedings issued by the Court and the report received by the Chemical Examiner were marked as Ex.P.1 to Ex.P3 respectively.

(iv) In continuation of investigation, after receipt of the report from the Chemical Examiner, P.W.3 came to the positive conclusion that the appellant/accused is liable to be convicted under Sections 8(c) r/w 20(b)(ii)(B) of the NDPS Act and filed a final report against the accused, accordingly.

5. Based on the materials available, the trial Court framed the charges for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act. The accused denied the charges and opted for trial. Therefore, the accused was put on trial.

6. During the course of trial proceedings, in order to prove the case of prosecution, as many as 3 witnesses i.e., P.W.1 to P.W.3 were examined on the side of the prosecution and 5 documents were exhibited as Ex.P1 to Ex.P5, besides two Materials Objects (M.O.1 & M.O.2).

7. Out of the above said witnesses, P.W.1-Tmt.Meenakshi, who is the Chemical Examiner, speaks about the receipt of sample contraband and about the examination made on the said contraband. According to him, the contraband received by him is a Ganja.

(i) P.Ws.2 & 3 are the police officers speaks about the information received, ar