2023 Supreme(Online)(All) 29606
MADURAI BENCH OF MADRAS HIGH COURT
Mareeswaran – Appellant
Versus
The Inspector of Police – Respondent
CRL A(MD) 492 2022
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.
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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.
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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
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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
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C