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2025 Supreme(Online)(Mad) 65797

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K.RAMAKRISHNAN, J
Pandi – Appellant
Versus
State rep by The Inspector of Police, NIB-CID, Dindigul – Respondent


Advocates:
For the Appellants/Petitioners: Mr.C.Jeganathan
For the Respondents: Mr.R.Meenakshi Sundaram Additional Public Prosecutor

Table of Content
1. conviction based on contraband possession. (Para 2 , 3 , 4)
2. defense argues against possession evidence. (Para 7 , 8)
3. court assesses evidence reliability. (Para 9 , 12 , 13 , 15 , 16 , 21)
4. proof of possession is crucial for conviction. (Para 11)
5. prosecution's failure leads to acquittal. (Para 25 , 26)

JUDGMENT

The accused in C.C.No.76 of 2016 on the file of the II Additional Special Court for NDPS Act Cases, Madurai, has filed this Criminal Appeal before this Court challenging the conviction and sentence passed against him by the impugned judgment dated 13.09.2023. The conviction and sentence is as follows:

Conviction for the Offence under SectionSentence of Imprisonment
8(c) r/w 20(b)(ii)(C) of the NDPS Act12 years R.I and to pay a fine of Rs.1,00,000/- in default to undergo 24 months S.I

2. On 09.07.2013 at 10.00 am deceased Murugesan who was working as Special Sub-Inspector of Police, Dindigul NIB Police Unit had received secret information about the illicit transit of huge quantity of “Ganja” from Madurai to Nilakottai. He recorded the said information and reduced in writing under Ex.P.5 and informed to his superior P.W.2 and he along with informant, PW.1 a

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