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2025 Supreme(Online)(Mad) 68549

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K.RAMAKRISHNAN, J
Deivendran – Appellant
Versus
The State of Tamil Nadu – Respondent


Advocates:
For the Appellant: Mr.B.Viswanathan
For the Respondent: Mr.R.Meenakshi Sundaram Additional Public Prosecutor

JUDGEMENT

The accused No.1 in C.C.No.95 of 2017 on the file of the learned Principal Special Court for NDPS Act Cases, Madurai, has filed this appeal, challenging the following conviction and sentence imposed against him on 28.04.2023, under Sections 8 (c) r/w 20(b)(ii)(C), 25 of the NDPS Act 1985:

Offence under SectionPunishment
8(c) r/w 20(b)(ii)(C), 25 of the NDPS Act 1985Undergo 10 years of Rigorous Imprisonment and to pay a fine of Rs.1,00,000/- in default to undergo 6 months of simple imprisonment

2.On 04.10.2016 at about 10.00 a.m., P.W.2 received secret information regarding the illegal transportation of a large quantity of ganja in a lorry. She recorded the information in the General Diary, reduced it into writing as Ex.P4, and informed the higher officer, P.W.3. Thereafter, she proceeded to the place of occurrence, namely, Cumbum to Cumbum Mettu Road near Elumbu Godown, and kept surveillance on the movement of the vehicle. The informer identified the vehicle bearing Registration No. TN-20-AC-1703, which was then intercepted. It was found that two persons, viz., the driver and another occupant were inside the vehicle.

2.1. After complying with the mandate of Section 50 of the N

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