Crl.A.(MD).Nos.492 & 500 of 2022 and 347 &577 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 27.09.2023

Pronounced on : 03.10.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

Crl.A.(MD).Nos.492 & 500 of 2022 and 347 & 577 of 2023

and

Crl.M.P(MD)Nos.9389 of 2022 and 6730 of 2023

Crl.A(MD)No.492 of 2022:

Mareeswaran

.. Appellant /Accused No.3

Vs.

The State of Tamil Nadu,

represented by

The Inspector of Police,

Karimedu Police Station,

Madurai.

(Crime No.1403 of 2020) .. Respondent / Complainant

PRAYER: Criminal Appeal filed under Section 374 of Criminal

Procedure Code, to call for the records relating to the judgment dated

22.07.2022 in C.C.No.267 of 2020 on the file of the learned

II-Additional Special Court for EC and NDPS Act cases, Madurai and set

aside the same.

Page 1/78

https://www.mhc.tn.gov.in/judis

Crl.A.(MD).Nos.492 & 500 of 2022 and 347 &577 of 2023

For Appellant

: Mr.M.Jagadeesh Pandian

For Respondent

: Mr.T.Senthil Kumar

Additional Public Prosecutor

Crl.A(MD)No.500 of 2022:

Balaji

.. Appellant/Accused No.6

Vs.

The State of Tamil Nadu,

represented by

The Inspector of Police,

Karimedu Police Station,

Madurai.

(Crime No.1403 of 2020) .. Respondent / Complainant

PRAYER: Criminal Appeal filed under Section 374 of Criminal

Procedure Code, to call for the records relating to the judgment dated

22.07.2022 in C.C.No.267 of 2020 on the file of the Learned II-

Additional Special Court for EC and NDPS Act cases, Madurai and set

aside the same.

For Appellant

: Mr.M.Jagadeesh Pandian

For Respondent

: Mr.T.Senthil Kumar

Additional Public Prosecutor

Crl.A(MD)No.347 of 2023:

Kalimuthu @ Vellaikali .. Appellant/Accused No.1

Vs.

Page 2/78

https://www.mhc.tn.gov.in/judis

Crl.A.(MD).Nos.492 & 500 of 2022 and 347 &577 of 2023

The State of Tamil Nadu,

represented by

The Inspector of Police,

Karimedu Police Station,

Madurai City.

(Crime No.1403 of 2020) .. Respondent / Complainant

PRAYER: Criminal Appeal filed under Section 374 of Criminal

Procedure Code, to call for the records relating to the judgment and

conviction dated 22.07.2022 in C.C.No.267 of 2020 on the file of the

Learned II-Additional Special Court for EC and NDPS Act cases,

Madurai and set aside the same.

For Appellant

: Mr.R.Pon Karthikeyan

For Respondent

: Mr.T.Senthil Kumar

Additional Public Prosecutor

Crl.A(MD)No.577 of 2023:

1.Karthick @ Ahori Karthick

2.Mari Muthu @ Dory Mari .. Appellant/Accused Nos.4 &5

Vs.

The State of Tamil Nadu,

represented by

The Inspector of Police,

Karimedu Police Station,

Madurai City.

(Crime No.1403 of 2020) .. Respondent / Complainant

Page 3/78

https://www.mhc.tn.gov.in/judis

Crl.A.(MD).Nos.492 & 500 of 2022 and 347 &577 of 2023

PRAYER: Criminal Appeal filed under Section 374 of Criminal

Procedure Code, to call for the records relating to the judgment and

conviction dated 22.07.2022 in C.C.No.267 of 2020 on the file of the

Learned II-Additional Special Court for EC and NDPS Act cases,

Madurai and set aside the conviction and sentence imposed on the

appellants.

For Appellant

: Mr.J.Vijayaraja

For Respondent

: Mr.T.Senthil Kumar

Additional Public Prosecutor

COMMON JUDGEMENT

Since these criminal appeals are arising out of the same crime,

these appeals are taken up for hearing together and disposed of by way

of common judgment.

The appellants are said to have committed the offence under

Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS

Act') for the alleged possession of 25 kg of Ganja. The II Additional

Special Court for NDPS Act Cases, Madurai convicted the appellants in

Page 4/78

https://www.mhc.tn.gov.in/judis

C