BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 21.09.2023 Pronounced on 17.11.2023 CORAM THE HONOURABLE MR. JUSTICE P.DHANABAL CRL.A(MD)Nos.100 & 465 of 2017 Pandi @ Sornapandi ... Appellant in Crl.A(MD)No.100/2017 Lakshmanan ... Appellant in Crl.A(MD)No.465/2017 Versus The Inspector of Police, B-6, Jaihindpuram Police Station, Madurai City.

(Crime No.417 of 2001) ... Respondent in both cases Common Prayer : The Criminal Appeal is filed under Section 374 of Criminal Procedure Code, to call for the records and set aside the judgment and conviction dated 14.03.2017 made in C.C.No.369/2006 on the file of the learned II Additional District and Sessions Judge for Exclusive Trial of NDPS Act Cases, Madurai.

For Appellants : M/s.P.Krishnaveni (in both cases) Legal Aid Counsel For Respondent : Mr.M.Sakthi Kumar (in both cases) Government Advocate (Criminal Side)

COMMON JUDGMENT

These Appeals have been preferred by the Appellants as against the judgment and conviction dated 14.03.2017 passed by the II Additional District and Sessions Judge for Exclusive Trial of NDPS Act Cases, Madurai in C.C.No.369 of 2006.

2. Wherein, the Trial Court has convicted the Accused for the offences under Section 8(c) read with 21 of NDPS Act. The Crl.A.(MD)No. 100 of 2017 has been preferred by the 1^st Accused as against the judgment and conviction passed in C.C.No.369 of 2006, dated 14.03.2017, by convicting the Appellant under Section 8(c) read with 21 of NDPS Act and sentenced him to 3 years of Rigorous Imprisonment and to pay a fine of Rs.

20,000/- in default to under go 1 year of Simple Imprisonment.

3. The Crl.A.(MD)No.465 of 2017 has been preferred by the 2^nd Accused as against the judgment and conviction passed in C.C.No.369 of 2006, dated 14.03.2017, by convicting the Appellant under Section 8(c) read with 21 of NDPS Act and sentenced him to 3 years of Rigorous Imprisonment and to pay a fine of Rs.20,000/- in default to under go 1 year of Simple Imprisonment.

4. The case of the prosecution is that on 25.04.2001 at about 15 hours, nearby M.K.Puram Railway Gate, Madurai, when the police parties where in patrol, they searched the Accused A1 Pandi @ Sornapandi and seized 10 grams of herion from him. At about 16 hours, they searched Accused A2 Lakshmanan and seized 10 grams of heroin from him. At about 16-15 hours, they searched Accused A3 Vasanthi and seized 15 grams of heroin from her.

5. Thereafter, they arrested the Accused and seized the contraband from them and then registered the First Information Report for the offences under Section 8(c) read with 21 of NDPS Act. Thereafter, the Investigation Officer examined the witnesses. The said contraband was sent to chemical analysis and as per the chemical analysis report in Ex.P.12, Ex.P.15 and Ex.P.18, it was confirmed that the contraband was herion and it contains diethylmorphine. Thereafter, the Investigation Officer P.w.3 has filed the final report as against the accused for the offences under Section 8(c) read with 21 of NDPS Act. The case against the 3^rd accused Vasanthi was split up and assigned C.C.No.62/2017. Thereafter, the copies of the records relied on by the prosecution were furnished to the Accused under Section 207 of Code of Criminal Procedure. After hearing both sides, the Trial Court has framed charges under Section 8(c) read with 21 of NDPS Act as against the accused. The charges were read over and explained to the accused and the accused have denied the charges. Thereafter, the prosecution has examined P.w.1 to P.w.4 and Ex.P.1 to Ex.P.23 were marked and no M.Os were marked. After completion of prosecution side witnesses, the accused were examined under Section 313(1)(b) of Code of Criminal Procedure with regard to the incriminating evidence found against them and they have denied the evidence as false. Thereafter, no witnesses were examined and no documents were marked on the side of the accused.

The Trial Court after analyzing oral and document evidences adduced on either side