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 packed samples of 100 grams in each and then, went to the Police Station along with contraband and the accused. Thereafter, they seized the above said ganja and the two wheeler through mahazar. The other bag dropped by the second accused, who ran away from the place of occurrence, were also searched by the Police, there also, they found 2 bags contains each 5 kgs of ganja. Thereafter, in that ganja also 200 grams samples were packed by the police officials and prepared observation mahazar. Thereafter, P.W.3 arrested the first accused and taken him along with the properties to the Police Station.

3.Thereafter, FIR was registered in Cr.No.221 of 2013 for the offence punishable under Section 8(c) r/w 20(b)(ii)(C) and 25 of NDPS Act and thereafter, he sent a detailed report to the Inspector of Police. Thereafter, the Inspector of Police/P.W.4 has taken over the case for investigation and sent the contraband to the chemical analysis and thereafter, he examined the witnesses. After completion of investigation, he filed final report before the Special Court and after receipt of final report, the Special Court furnished the copies of documents under Section 207 Cr.P.C. Thereafter, charges were framed as against the accused and the same was read over to the accused and he denied the charges. On the side of the prosecution, they examined P.W.1 to P.W.4 and marked Ex.P1 to Ex.P12 and they also marked material object as M.O.1 to M.O.13. On the side of the accused, no one was examined and no document was marked. On perusal of oral and documentary evidence, the trial Court found the accused guilty for the offence under Section 8(c) r/w 20(b)(ii)(C) and sentenced him to undergo 10 years rigorous imprisonment and to pay fine of Rs.1,00,000/- in default to undergo one year simple imprisonment.

4.During pending proceedings, A2 was died and thereby, case against him was abated. Aggrieved by the above said conviction and sentence, the present appeal was preferred by A1 on the following grounds:-

1)The judgement of the trial Court is against law, weight of evidence and probabilities of the case.

2)The investigating agency failed to follow the mandatory procedures under Section 42(2) of NDPS Act and the secret information has not been forwarded to the immediate superior.

3)The respondent taken two samples from the seized contraband and each sample contained 100 grams. But P.W.2 deposed that he received sample containing only 90 grams, which itself creates doubt over the prosecution case.

4)The trial Court failed to follow the mandatory procedures under Section 50 of NDPS Act.

5)There is a delay in producing the contraband to the trial Court and there is no explanation by the prosecution.

6)The respondent police should have report to the immediate superior of the recovery within