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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
R.Kumaravel – Appellant
Versus
State by The Inspector of Police, Malaiyampalayam Police Station, Malaiyampalayam, Modakkurichi Taluk, Erode District – Respondent
| Table of Content |
|---|
| 1. arguments highlighting the prosecution's reliance on police testimony (Para 4 , 5) |
| 2. court's determination of evidence credibility leading to acquittal (Para 6 , 7 , 8) |
JUDGMENT
This Criminal Appeal has been filed challenging the order dated
19.12.2022 passed in C.C.No.62 of 2020 on the file of the Special Court under EC Act/ NDPS Act , Coimbatore District, thereby convicted the appellant for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act .
2. The case of the prosecution is that, on 31.10.2018 at about
08.30 hours, on Erode to Karur Road, near Uthandampalayam Privu, the petitioner was found in possession of 1.200 kg of Ganja for sale. After completion of investigation, a final report was filed before the Special Court under EC Act/ NDPS Act , Coimbatore and same has been taken cognizance in C.C.No.62 of 2020 for the offence punishable under Sections 8(c) read with
20(b)(ii)(B) of NDPS Act .
3. Before the Trial Court, the prosecution examined six (6)
witnesses as PW.1 to PW.6, marked eleven (11) documents as Ex.P1 to Ex.P11 and produced two (2) material objects as M.O.1 & M.O.2. On the side of the accused, no witness was examined and no document was m
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