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2023 Supreme(Mad) 813

N. ANAND VENKATESH
Mohammed Razik Jawzeek – Appellant
Versus
State Rep. by the Assistant Commissioner of Police, Thiruvallur – Respondent


Advocates appeared:
For the Appellants:A. Suresh Selvakumar, G. Murugendran, Advocates. For the Respondent s:L. Baskaran, Government Advocate.

JUDGMENT

(Prayer: Appeals under Section 374(2) of the Criminal Procedure Code against the judgment dated 27.1.2017 made in C.C.No.1 of 2015 on the file of the Principal Special Court under the EC & NDPS Act, Chennai-104.)

Common Judgment:

1. These criminal appeals have been filed by A1 and A2 against the judgment and order passed by the learned Principal Special Judge, Special Court constituted under the EC & NDPS Act, Chennai-104 in C.C.No.1 of 2015, dated 27.1.2017, convicting the appellants for the offences under Section 8(c) read with Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act) and sentencing each of them to undergo ten years rigorous imprisonment and to pay a fine of Rs.1 lakh each and in default, to undergo six months rigorous imprisonment.

2. The case of the prosecution is briefly stated as hereunder :

    (i) P.W.1 - the Inspector of Police, T-12 Poonamallee Police Station received a secret information on 18.10.2014 at about 9 AM to the effect that heroine powder had been concealed at No.74, Malliam Narasimman Nagar, Poonamallee. This information was recorded in the general diary - Ex.P.29 at about 9.15 AM and

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