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2021 Supreme(Mad) 2874

R.PONGIAPPAN
Murugesan – Appellant
Versus
State, By the Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.D.Venkatesh
For the Respondent: Mr.M.Muthumanikkam

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 r

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