JUDGMENT

This Criminal Appeal has been filed to set aside the judgment in C.C.No.294 of 2013 dated 15.07.2016 passed by the Second Additional Special Judge, NDPS Act Cases, Madurai, wherein the trial Court convicted the accused for the offence under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act and sentenced to undergo 10 years rigorous imprisonment and to pay fine of Rs.1,00,000/- in default to undergo one year simple imprisonment.

2.According to the case of the prosecution, P.W.3, when he was working as Sub Inspector of Police at Cumbum North Police Station, on 12.07.2013, at about 11.05 hours, based on the secret information, after obtaining permission from the Inspector of Police, he along with police party went to the Cumbum-Kombai, road, Paramathevar Kalyana Mandabam to prevent the illegal transportation of ganja. At that time, A1 and A2 were came in two wheeler bearing Reg.No.TN 60 X 5377 TVS XL Heavy Duty and the police stopped the vehicle and searched the white bag, at that time, A2 ran away from the scene and thereafter, A1 was chased and caught hold by the police, at that time A1 had four white bags, each contains 5 kgs of ganja, totally 20 kgs. Thereafter, police officials p