J U D G M E N T

This Criminal Appeal has been filed seeking to set aside the Judgment of conviction and sentence imposed by the Special Court under EC Act/NDPS Act, Coimbatore, in C.C.No.98 of 2020 dated 25.08.2022, against the appellant herein.

2.The respondent police registered the case in Crime No.46 of

2020 against the appellant for the offence under Section 8(c) read with 20(b)(ii)(B) and 25 of Narcotic Drugs and Psychotropic Substance Act 1985 (herein after referred to NDPS Act, 1985) and after completing the investigation, laid charge sheet for the offences under Section 8(c) read with 20(b)(ii)(B) and 25 of NDPS Act before the Special Court under EC Act/ NDPS Act, Coimbatore and the learned Judge taken up the charge sheet on file in C.C.No.98 of 2020 and after completing the formalities, framed the charges against appellant herein for the offence under Section

8(c) read with 20(b)(ii)(B) and 25 of NDPS Act 1985.

3. After framing the charges, in order to prove the case of the prosecution during trial before the trial Court, totally 7 witnesses were examined as P.W.1 to P.W.7 and 13 documents were marked as Exs.P.1 to Ex.P13 besides 3 material objects were exhibited.

4. After completing the examination of the prosecution witnesses, incriminating circumstances culled out from the evidence of the prosecution witnesses were put before the accused by questioning under Section 313 Cr.P.C. However, the accused denied the same as false and pleaded not guilty. On the side of the defence, no oral or documentary evidence were produced.

5. On conclusion of trial, hearing the arguments advanced on either side and also considering the materials, the Special Court found the guilt of the accused and convicted and sentenced to undergo rigorous imprisonment for Ten years and to pay fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for further period of six months for the offence under Section 8(c) read with 20(b)(ii)(B) of NDPS Act; to undergo Rigorous Imprisonment for Ten Years and to pay fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for further period of six months for the offence under Section 25 of NDPS Act and both the sentences were ordered to run concurrently. Challenging the said Judgment of conviction and sentence, the accused has filed the present appeal before this Court.

6. The case of the prosecution is that on 08.09.2020 at about 12.30 hours, the accused was found to be in possession of 16.000 kgms of Ganja in a two wheeler viz., Honda Activa bearing Regn.No.TN 33 BS

9610.

7. The learned counsel for the appellant would submit that the FIR registered in Crime No.46 of 2020 dated 08.09.2020 shows 19.00 hrs. but the Crime number was mentioned in the arrest intimation form which preferred at the occurrence place at 14.30 hrs. and that there is no other material placed by the P.W.1 for the arrest of the accused at the occurrence place except this document. But this document was also preferred at the police station after registering the FIR which clearly reveals that the respondent foisted false case against the appellant. He would further submit that P.W.1/Sub Inspector of Police not submitted the Secret Information Report/Ex.P.1 before the Inspector of Police in person. P.W.1 in her deposition admitted that she informed about the secret information to the Inspector of Police/P.W.6 over phone only. But there is no material placed before the trial Court regarding phone intimation which would clearly show that no information was received by P.W.1 and no information was intimated to the Inspector of Police/P.W.6 and no permission was given by the Inspector of Police/P.W.6 and that P.W.1 has created Ex.P.1 at the police station after foisting the false case against the appellant. Further the prosecution has failed to establish the person (secret informer) who identified the appellant at the occurrence place and P.W.1 had not given any details about who identified the appellant at the spot and whether the