The prosecution must discharge its initial onus of proof on the charges, and the presumption of culpable mental state under Section 35 of the NDPS Act.

JUDGMENT

(Prayer: Criminal Appeal No.829 of 2019: Criminal Appeal filed under Section 374(2) of The Code of Criminal Procedure, 1973, against the Judgment dated 15.10.2019 by the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, in C.C.No.51 of 2018 convicting the appellant for offence under Section 8(c) r/w 20(b)(ii)(C) and 8(c) r/w 29(1) of NDPS Act and sentencing him to undergo rigorous imprisonment for 10 (Ten) years and to pay a fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for 1 (one) year for offence under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act and in default to undergo rigorous imprisonment for a further period of 1(one) year and undergo rigorous imprisonment for 10 (Ten) years and to pay a fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for 1 (one) year for offence under Section 8(c) r/w 29(1) of NDPS Act.

Criminal Appeal No.898 of 2019: Criminal Appeal filed under Section 374(2) of The Code of Criminal Procedure, 1973, against the Judgment dated 15.10.2019 by the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, in C.C.No.51 of 2018 convicting the appellant for offence under Section 8(c) r/w 20(b)(ii)(C) and 8(c) r/w 29(1) of NDPS Act and sentencing him to undergo rigorous imprisonment for 10 (Ten) years and to pay a fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for 1 (one) year for offence under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act and in default to undergo rigorous imprisonment for a further period of 1(one) year and undergo rigorous imprisonment for 10 (Ten) years and to pay a fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for 1 (one) year for offence under Section 8(c) r/w 29(1) of NDPS Act.)

Common Judgment:

1. Crl.A.No.898 of 2019 is filed by one Raja (A3) and the Criminal Appeal No.829 of 2019 is filed by one Ramesh (A4) in C.C.No.51 of 2018 against the conviction and sentence imposed against them by judgment of the Special Judge, I Additional Special Court for Exclusive Trial of Cases under N.D.P.S Act, 1985, Chennai, dated 15.10.2019 and as such both the appeals were heard together and are being disposed of by this common judgment.

2. On 27.11.2017, on information through telephone at about 03.00 P.M from a secret informant that ganja is being illegally transported in a lorry bearing Registration No.TN-15-U-9515, surveillance was mounted at Nazarethpet Check-Post after informing the information to the superior officer in writing. P.W.1 namely, Ms.Suguna, the Inspector of Police along with the inspection party intercepted the lorry and the driver of the lorry identified himself as Mathi, son of Perumal, a person aside him identified himself as Selvakumar, son of Muniayappan and yet another person who identified himself as Ramesh, son of Rajendran, upon being informed of their rights under Section 50 of the N.D.P.S Act, 1985 offered themselves to be searched by P.W.1 herself and the general public in the vicinity declining to be the witness for search in the presence of P.W.2 namely, Babu, the Sub Inspector of Police and one Manikandan, a Grade-I Police Constable, obtained the signatures of the accused and conducted a search, it was found that among sacks of rubber, 11 sacks containing ganja were available. P.W.1 weighed all the 11 sacks and serialized them as P.1 to P.11 and the ganja was recovered under Exs.P-3 Mahazar and the said 3 persons were arrested. Upon their confession, the house of the owner of the lorry, was also searched and ganja was recovered in his house also and he was also arrested and remanded to custody. Upon registration of a case in Cr.No.95 of 2017 under Sections 8(c) r/w 20(b)(ii)(C), 25, 27A, 28 and 29 of the N.D.P.S Act, 1985, P.W.7 took up the case for investigation and on completion of the inv