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.

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:

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 bag. The informant identified the appellant. P.W.3 and P.W.1 intercepted the appellant and introduced themselves as police officers and he was informed about his right to be searched before the Judicial Magistrate or the Gazetted officer as required under Section 50 of the NDPS Act. The appellant consented to conduct search by the officer himself and hence, P.W.3 conducted search in the plastic bag, which was carried by the appellant in the presence of P.W.1 and other police officers. He found possession of ganja in the said bag and weighted the contraband and took the samples of S1 to S2 from the said bag and properly sealed them. He also properly sealed the remaining contraband. Thereafter, he arrested the appellant. The appellant also gave a confession and the same was recorded by P.W.3. P.W.3 brought the accused to the police station along with the entire contraband and sample and registered a case in Crime No.229 of 2015 for the offence under Sections 8 (C) r/w 20(b)(ii)(B) of NDPS Act and prepared a detailed report under Section 57 of NDPS Act. Following the same, P.W.3 entrusted the custody of the accused to P.W.4 along with the contraband, sample and report under Section 57 of the Act. The Inspector of Police produced the accused before the learned Judicial Magistrate, along with the recovered contraband and samples taken from the said contraband and requested to remand him on 15.09.2015. After completing all the formalities, the learned Judicial Magistrate remanded the appellant in judicial custody. Thereafter, P.W.4 conducted investigation and filed the final report before the Principal Special Court for NDPS Act Cases, Madurai, and the same was taken on file in C.C.No.234 of 2015.

3.The prosecution, in order to prove its case, had examined 4 witnesses as P.W.1 to P.W.4 and exhibited 10 documents as Ex.P.1 to Ex.P.10 and marked two material objects as M.O.1 & M.O.2.

4.When the accused was examined under Section 313(1) (b) of Cr.P.C., with regard to the incriminating materials against him, he denied the evidence as false and further stated that a false case was foisted against him. The accused neither produced any documents nor examined any witness on his side.

5.The learned Trial Judge, considering the materials and circumstances found that accused in C.C.No.234 of 2015 was guilty and