JUDGMENT

This Criminal Appeal is filed to set aside the judgment in C.C.No.304 of

2008 dated 11.03.2016 passed by the 2nd Additional NDPS Act Cases, Madurai.

2.The case of the prosecution are briefly as follows:-

2(i) On 28.11.2008 by 17.00 hours, the Sub Inspector of Police, Kandamanur Police Station, Theni District had conducted raid regarding transport of illicit alcohol on receipt of secret information. While he was proceeding with his party consisting of Ilango/Head Constable No.488/P.W.1 and Murugan/Head Constable No.588 on Kandamanur - Ganeshapuram Road near Ellai Kalliamman Temple, they found that a person moving from west direction to east direction suspiciously. Since the Sub Inspector of Police, Kandamanur Police Station, had proceeded to conduct raid on illicit ganja dealers, he suspected this person carrying illicit ganja. Therefore, he got him and on search of his person found him carrying 1.100 Kgs of ganja. As per the provisions of Narcotics Drug Psychotropic Substances Act on search and seizure of contraband under Narcotics Drug Psychotropic Substances Act, the person from whom it is searched and sized should by informed of his right regarding the search. Whether he i