BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
Tamilan @ Tamilselvan – Appellant
Versus
Inspector of Police, Rayappanpatti Police Station – Respondent
JUDGMENT :
K.K.Ramakrishnan, J.
The accused in C.C.No.234 of 2015 on the file of the Principal Special Court for NDPS Act Cases, Madurai, has filed this Criminal Appeal before this Court challenging the conviction and sentence imposed against him in the impugned judgment dated 21.07.2023. The conviction and sentence is as follows:
| Conviction for the Offence under Section | Sentence of Imprisonment |
| 8(c) r/w 20(b)(ii)(B) of the NDPS Act | 2 years R.I and to pay a fine of Rs. 10,000/- in default to undergo 6 months S.I |
2. The case of the prosecution in brief :-
When P.W.3 was working as Sub-Inspector of Police, Rayappanpatti Police Station, Theni District, on 01.08.2015, at 05.15 pm, he received a secret information from his informant about the appellant's illegal possession and transportation of 10 kg of ganja near Karuppasamy Kovil, Kammaikarai, Anaimalaiyanpatti. He recorded the said information in the General Diary and reduced it in writting and informed the same to his Immediate Superior and got permission. Thereafter, P.W.3 & P.W.1 went to the spot with necessary equipment along with the informant were on surveillance. At that time, the appellant was seen carrying a yellow colour plastic ba
The court confirmed the conviction under the NDPS Act, ruling that compliance with statutory provisions was sufficient, and reduced the sentence due to the appellant's age and health conditions.
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The court confirmed the conviction under the NDPS Act, emphasizing proper procedural adherence, while mitigating the sentence due to the appellants' age and family responsibilities.
The conviction under the NDPS Act was upheld as the prosecution proved the case beyond reasonable doubt, and procedural compliance was established.
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