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2022 Supreme(Mad) 676

G.JAYACHANDRAN
Mohandass – Appellant
Versus
State Rep. by The Inspector of Police, Coimbatore – Respondent


Advocates Appeared:
For the Appellant : T. Muruganantham.
For the Respondent:S. Udaya Kumar, Government Advocate (Crl.Side).

JUDGMENT :

(Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., praying to set aside the judgment made in C.C.No.48 of 2016 on the file of the Additional District/Presiding Officer Special Court for EC Act Cases, Coimbatore dated 08.03.2018 and acquit the accused.)

1. This appeal against conviction filed by the sole accused in C.C.No.48 of 2016 on the file of the Special Court for EC Act Cases, Coimbatore.

2. The appellant was charged for offences under Section 8(c) r/w 20(b)(ii)(c) and Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for the alleged possession of 21 Kgs ganja recovered from his possession while he was transporting it in a blue colour Alto car bearing registration No.UP-80-Y-5063 on 09.04.2015 at 12.30 p.m.

3. On considering 10 witnesses for prosecution and 11 exhibits along with 3 material objects marked, the trial Court held the accused guilty of offence under Section 8(c) r/w 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “NDPS Act”) and convicted and sentenced him to undergo 10 years RI and to pay a fine of Rs.1,00,000/- in default to undergo one year RI, but, acquitted the accused for th

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