J U D G M E N T

This appeal is directed against the conviction and sentence dated

14.12.2015, made in C.C.No.200 of 2014, on the file of the learned Additional Sessions Judge, Principal Special Court for NDPS Act cases, Madurai.

2.The appellants 1 to 4 are arrayed as A1 to A4 in the above referred case. They stood charged for the offence punishable under Section 8(c) r/w. Section 20(b)(ii)(C) and Section 8(c) r/w. Section 25 of the Narcotic Drugs and Psychotropic Substances Act [hereinafter referred to as ''the NDPS Act'']. After full-fledged trial, the learned trial Judge found the appellants/accused guilty under Section 8(c) r/w. Section 20(b)(ii)(C) and Section 8(c) r/w. Section 25 of the NDPS Act. Ultimately, all the accused were convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- each, in default, to undergo simple imprisonment for one year, for the offence under Section 8(c) r/w. Section

20(b)(ii)(C) of the NDPS Act. Further, they were convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- each, in default, to undergo simple imprisonment for one year for the offence under Section 8(c) r/w. Section 25 of the NDPS Act.

3.Aggrieved over the said conviction and sentence, all the accused are before this Court with this Criminal Appeal.

4.The case of the prosecution is that P.W.1 – Jeganathan is the Special Sub-Inspector of Police in Cumbum North Police Station and P.W.7 – Kumaresan was working as Inspector of Police in the same Police Station. On 18.05.2014 around 08.00 a.m., while P.W.7 was in the Police Station, an Informant appeared before him and informed about the transportation of Ganja. After getting the said information, P.W.7 recorded the same in the General Diary and through one Chandran, Head Constable, he informed the said information to the Deputy Superintendent of Police and obtained permission for conducting raid. On the same day, around 06.45 a.m., along with P.W.1 – Jeganathan and the Informant, P.W.7 reached Mandaiamman Kovil Water Tank in Cumbum City and around

07.00 a.m., when they were in the said area, a Car bearing Registration No.TN-59-AH-9394 came from east to west and the same was identified by the Informant. After identifying the Car, the Informant went away and thereafter, around 07.15 a.m., both P.W.7 and P.W.1 waylaid the said Car and while at the time of search, they found Accused Nos.1 to 3 are inside the Car. During enquiry, all the accused had given their respective addresses. On the same day, around 07.30 a.m., P.W.7 informed to A1 to A3 as there was a suspicion about transportation of Ganja in the said Car. In this regard, he informed the rights having by the accused to them that the search may be conducted in the presence of a Gazetted Officer or the learned Judicial Magistrate. In respect of the said information, all the accused replied to P.W.7 that they are not willing to go before any Officer. Further, they permitted P.W.7 for conducting search. The notice given by P.W.1 to the accused in respect of the rights having by them in terms of Section 50(1) of the NDPS Act, was reduced into writing, in which, the first accused has signed and the same was marked as Ex.P.1. Further, the permission given by the first accused for doing search was also reduced into writing and the same was marked as Ex.P.2.

4.1. During the time of search, since Accused Nos.2 and 3 ran away from the place of occurrence, the signature of the respective accused was not obtained in Exs.P.1 and P.2. In continuation of investigation, on the same day around 07.45 a.m., the first accused Lakhmanan voluntarily gave the confession statement, wherein P.W.1 and one another Police person had signed as witnesses. During the time of search, the first accused had produced 50 Bags of Ganja, weighing 2 Kgs. each. P.W.7 after seeing the same, collected 50 Gms. each from 50 Pockets and after sealing the same, assigned with serial numbers