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2022 Supreme(Mad) 3188

M. NIRMAL KUMAR
Sadiq Basha – Appellant
Versus
State by The Intelligence Officer, Narcotics Control Bureau Chennai Zonal Unit Chennai – Respondent


Advocates appeared:
For the Appellant:Anand Grover, Sr.Counsel for R. Rajan, Advocate. For the Respondent: N.P. Kumar, Spl.Public Prosecutor.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure, to call for the entire records in connection with the impugned Judgment dated 24.07.2018 made in C.C.No.45 of 2015 by the learned Principal Special Judge, Principal Special Court under the EC and NDPS Act, Chennai and set aside the same as illegal.)

This Criminal Appeal arises out of the Judgment passed by the learned Principal Special Judge, Principal Special Court under the EC and NDPS Act, Chennai in C.C.No.45 of 2015, dated 24.07.2018.

2. The appellant/A2 is an accused in C.C.No.45 of 2015, on the file of the learned Principal Special Judge, Principal Special Court under the EC and NDPS Act, Chennai. The appellant / A2 stood charged for the offences under Sections 8(c) r/w 29, 8(c) r/w 22(c) and 8(c) r/w.28 of the NDPS Act. He was sentenced to under go 10 years RI and pay a fine of Rs.1,00,000/- for each of the offences, in default, to undergo further one year rigorous Imprisonment. The sentences were ordered to run concurrently.

3. The case of the prosecution, in brief, is as follows: (i) On 20.02.2015, at 20.00 Hrs, based on information received by P.W.1, Sanj

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