JUDGMENT

The learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur convicted the appellant for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act 1985 and imposed a sentence of four years rigorous imprisonment and imposed a fine of Rs.10,000/- in default to undergo simple imprisonment for a period of one year, by an impugned judgment in Spl.C.C.No.29 of 2021, dated 18.11.2022. Challenging the same, the appellant filed this appeal.

2. P.W.5 is the Inspector of police, Thanjavur west police station, on 28.02.2020, at about 08.10 pm., received a secret information regarding the transportation of Ganja, by the appellant in the Mela Alangam, near Kottai Valaivu. After recording the same in the general diary and also informed to the higher officials and obtained permission, he proceeded towards the place of occurrence with his team along with necessary instruments at about 8:30, p.m. The said informer identified the appellant. After the identification, P.W.5 and his team intercepted him and when he is attempting to escape from the scene of occurrence, they caught hold him and informed about the right of conducting a search in the presence of the learned Magistrate or the Gazetted Officer, for which, he gave consent letter under Ex.A1 to conduct search by P.W.5 himself. Thereafter, he handed over the white colour polythene paper to P.W.5. PW5 on opening the same, found that there is Ganja, weighing 1.200 kgs. After ascertaining the same, he arrested the appellant under Ex.B3. On 09.45 p.m, the Mahazar was prepared under Ex.P2.

2.1. Then, P.W.5 brought the appellant with recovered contraband, samples to the police station and he registered FIR in Crime No.110 of 2020 for the offence under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act 1985. The FIR was marked as Ex.B6. Thereafter, he went to the spot and prepared the sketch and observation Mahazar in the presence of the witnesses Radhakrishan(P.W.3) and Parthiban(P.W.4). Ex.P7 is the observation Mahazar and Ex.P8 is the rough sketch. Subsequently, he sent the sealed samples along with and remaining contraband under Form 91 to the competent Court along with the appellant/accused at the time of the remand. He sent a detailed Special report under section 57 of the NDPS Act, which was marked as Ex.P11 to the higher officers. Thereafter, he was transferred to some other place and hence, P.W.6 conducted investigation and obtained chemical analysis report under Ex.P10 with the positive result of the presence of cannabis and filed a final report before the Special Court under Essential Commodities Act, Thanjavur District, for the offence under Section under section 8(c) r/w 20(b)(ii)(B) of the NDPS Act 1985. 3. The learned trial Judge taken the case on file in Spl.C.C.No.29 of 2021 and after furnishing the copies under section 207 of Cr.P.C., framed the necessary charges and questioned the accused. The appellant/accused was not pleaded guilty and hence he stood for trial.

4. During trial, the prosecution has examined P.W.1 to P.W.6 and exhibited Ex.P.1 to Ex.P.11, and M.O.1 to M.O.3 were produced. Thereafter, the learned trial Judge put the question under Section 313 of Cr.P.C., relating to the incriminating materials available as against the appellant and the same was denied as false. Thereafter the accused neither examined any evidence nor produced any documents on his side

5. Then, the learned trial Judge, after considering the evidence, arguments made by both the parties, convicted the appellant for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act 1985, imposed the sentence of four years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for a period of one year. Aggrieved over the same, the appellant preferred the present appeal before this Court.

6.1 The learned counsel for the appellant submitted that the learned trial Judge, without consid