BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved 21/10/2024 Date of Pronounced 08/11/2024 CORAM THE HONOURABLE MR. JUSTICE G.ILANGOVAN Crl.A(MD)No.270 of 2016 SAMY @ CHELLASAMY : Appellant/Accused Vs.

The State, through The Inspector of Police, Shencottai Police Station, Tirunelveli District.

(Crime No.270 of 2009) : Respondent/De-facto Complainant Prayer: This Criminal Appeal is filed under Section

374 of Criminal Procedure Code, to call for the records pertaining to the judgment rendered by the II Additional Special Court for NDPS Act cases, Madurai in CC No.41 of 2010, dated 19/07/2016 and set aside the same and consequently, acquit the appellant and pass such any or other order.

For Appellant : Mr.C.Mayilvahana Rajendran for Mr.P.Banu Prasath For Respondent : Mr.R.Meenakshi Sundaram Additional Pubic Prosecutor

J U D G M E N T

This Criminal Appeal is filed against the judgment passed by the II Additional Special Court for NDPS Act cases, Madurai in CC No.41 of 2010, dated 19/07/2016.

2.The case of the prosecution is that on 31/08/2009 at about 06.30 am, when the Circle Inspector of Police along with a team of police officials were engaged in vehicle check up near Shengottai Forest Check post in connection with the properties of the accused in Crime Nos.96 and 129 of 2009, received a secret information. On receiving the same, they went to the main road leading from Panmozhi to Shenkottai. At that time, the accused was coming from north to south direction and saw the police officials engaged in vehicle checkup. On seeing them, he abandoned his two wheeler bearing registration No.TN-76- C-1005 and fled away from that place. On search of the vehicle, they found a carry bag. On further search, 4 kgs Ganja was found in the said bag. Sampling was undertaken as per the procedure. A case in Crime No.270 of 2009 was registered for the offence under section 20(b)(ii)(B) of the NDPS Act. After completing the investigation, final report was filed charge sheeting the accused under section 8(c) r/w 20(b)(ii)(B) of the NDPS Act and it was taken cognizance by the Additional Special Court for NDPS Act Cases, Madurai, in CC No.41 of 2010. After completing 207 Cr.P.C proceedings, framed the charges for the offence punishable under section 8(c) r/w 20(b)(ii)(B) of the NDPS Act.

3.The following charge was framed against the accused:-

On 31/08/2009 at about 06.30 am, when the Circle Inspector of Police along with a police team were engaged in vehicle check up near Shengottai Forest Check post in connection with the properties of the accused in Crime Nos.96 and 129 of 2009 received a secret information. On receiving the same, they went to main road leading from Panmozhi to Shenkottai. At that time, the accused was coming from north to south direction on the said and saw the police officials engaged in vehicle checkup. On seeing them, he abandoned his two wheeler bearing registration No.TN-76-C-1005 and started ran way from that place. On search of the vehicle, they found a carry bag. On further search, 4 kgs Ganja was found in the said back and thereby the accused committed the offence punishable under section 6(c) r/w 20(b)(ii)(B) of the NDPS Act.

4.To that charge, the accused pleaded not guilty and claimed to be tried.

5.During trial process, on the side of the prosecution, 4 witnesses were examined and 5 documents marked. Apart from that, 4 material objects were exhibited. On the side of the accused, one witness was examined and one document was marked.

6.PW3 was working as Sub Inspector of Police attached to Sengottai Police Station. On 31/08/2009 at about 06.00 am, they were on their regular duty near Senkottai Bypass road Forest check post area, they were checking the vehicle in respect of the offence in Crime Nos.96 and 129 of 2009. At that time, they found a two wheeler bearing registration No.TN-76-C-1005 was intercepted. On suspicion, they made enquiry. The rider of the two wheeler escaped from that place. They made a search in the ve