The court upheld the conviction for trafficking ganja, confirming procedural compliance under the NDPS Act while reducing the default sentence due to the appellants' inability to pay the fine.

COMMOM JUDGMENT

The appellants/A1 & A2 in C.C.No.647 of 2021 on the file of the I Additional Special Court for NDPS Act Cases, Madurai, have filed these Criminal Appeals before this Court challenging the conviction and sentence imposed against them in the impugned judgment dated 27.09.2023.

2. Since these two appeals are arising out of the same occurrence and filed against the order of conviction made in C.C.No.647 of 2021 on the file of the I Additional Special Court for NDPS Act Cases, Madurai, these two appeals are taken up together for hearing and disposed of by way of this common judgment.

3.According to the prosecution, on 01.11.2021 at 10.15 a.m near Karimedu Fish Market, New Jail Road, Madurai, the accused were found in possession of 35 kg of ganja in three bags and trafficking the same in a Maruthi Suzuki Alto-800 car bearing Reg.No.TN-AP-31-DB-1400 belonging to A2. Therefore, the respondent police filed final report against them. The trial Court convicted the appellants by the impugned judgment with the following conviction and sentence:-

4. Case of the prosecution in brief: -

4.1. On 01.11.2021 at 09.00 p.m, when P.W.2 was working as Sub-Inspector of Police, Karimedu Police Station, Madurai, received the secret information about the illegal possession and trafficking of the huge quantity of Ganja by the appellants. He recorded the said information in the General Diary and reduced the same in writing under Ex.P.9 and sent it to his immediate superior/P.W.3 and obtained permission. Thereafter, P.W.2 proceeded to the occurrence place along with constable and other police men namely, Karimedu Fish Market, near New Jail Road, Madurai and mounded surveillance. At that time, the informant identified the Maruthi Suzuki Alto-800 car bearing Reg.No.TN-AP-31-DB-1400. Thereafter, P.W.2 intercepted the car. On seeing the police party, the appellants tried to escape from the place of the occurrence. However, P.W.2 and the police officers were able to nab them. P.W.2 introduced himself as police officer and he informed about their right to be searched before the Judicial Magistrate or the Gazetted officer as required under Section 50 of the NDPS Act. The appellants consented to conduct search by the officer himself and hence, P.W.2 conducted search and found two bags (each containing 10 kg of ganja) under the back side seat of the car and found one bag (containing 15 kg of ganja) in the dicky of the car and totally there was 35 kg of ganja in the said bags and made weightment of entire contraband and took the samples S1 and S2 ( each 50 gram) from the said bags and properly sealed the same. He also properly sealed the remaining contraband. Thereafter, he arrested the appellants. The appellants also gave a confessions and the same were recorded by P.W.2. P.W.2 brought the accused to the police station along with the entire contraband and sample and registered a case in Crime No.1265 of 2021 for the offence under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act and prepared a detailed report under Section 57 of NDPS Act. Following the same, P.W.2 handed over the custody of the accused to P.W.3 along with the contraband, sample and report under Section 57 of the Act. P.W.3 produced the accused before the learned Judicial Magistrate along with the recovered contraband and samples taken from the said contraband and requested to remand them. After completing all the formalities, the learned Judicial Magistrate remanded the appellant in judicial custody. Thereafter, P.W.3 conducted the investigation and filed the final report before the I Additional Special Court for NDPS Act Cases, Madurai, and the same was taken on file in C.C.No.278 of 2021.

4.2. After appearance of the accused, copies of records we