Mandatory provisions under the NDPS Act must be complied with for valid conviction.

1. This criminal appeal has been filed against the judgment of conviction dated 15.12.2017 in C.C.No.16 of 2013 by the learned Special Judge, I Additional Special Court under NDPS Act, Chennai.

2. The respondent police registered a case against the appellant and others in R.R.No.29 of 2012 in NCB.F.No.481/1/15/2012 on the file of the NCB / MDS before the learned Special Judge, I Additional Special Court under NDPS Act, for the offence punishable under S.8(c)r/w 20(b) (ii)(C), 27A, 28 and 29 of NDPS Act, 1985. The learned Special Judge, after completing formalities, split up the case against A5 to A7 and framed charges against A1 and A2 for the offence under S.8(c) r/w 20(b)(ii)(C) and S.29 of NDPS Act, 1985 as amended by Act 9/2001, against A3 and A4 for the offence under S.8 © r/w 29 of NDPS Act, 1985. The learned Special Judge taken the case on file in C.C.No.16 of 2013.

3. Before the trial Court, in order to prove the case of the prosecution, P.W.1 to P.W.10 were examined and Ex.P1 to Ex.P51 were marked and Material Objects 1 to 33 were exhibited. After completing examination of prosecution witnesses, when incriminating circumstances culled out from the evidence of prosecution witnesses were put before the accused by questioning under S.313 Cr. P. C, they denied the same as false and pleaded not guilty. On the side of the defence, no one was examined and no document was marked.

4. After adverting to the materials on record and after hearing arguments advanced on either side, the trial Court found A1 to A4 not guilty of offence under S.8(c) r/w 29 of NDPC Act and hence acquitted them for the said offence, but convicted A1 and A2 for the offence under S.8(c) r/w 20(b)(ii)(C) of the NDPS Act and sentenced each of them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1.00 lakh each, in default, to undergo rigorous imprisonment for a further period of one year each.

5. Aggrieved against the judgment of conviction, first accused has preferred this criminal appeal before this Court.

6. Case of the prosecution is that on 02.11.2012 based on a specific information received from the Inspector, Railway Protection Force (in short "RPF"), Royapuram Railway Station, S. K. Usman, Sub - Inspector, V. Karthikeyan, Constable, Vijay Kumar, Head Constable and Zakir Hussain, Constable attached with RPF, were having confidential watch in Royapuram Railway Yard and Electrical Loco Shed at that time at about 19.15 hours, they noticed two male persons namely Jayakumar and Karthik alighting from the said train and moving from North to South direction towards Old Jail Road and both of them carrying one bag each on their shoulder and another one bag each on their right hand. On suspicion, when the Police Officials asked to stop, they tried to escape by running towards the Old Jail Road and they were chased and detained both of them in front of the Royapuram Eelctric Loco Shed entry gate and when they were asked as to why they ran and what they were carrying in the bags by repeated questions, they shown three railway reserved tickets having PNR Nos.6414451563, 6214451491 and 6708204634 for travelling from Vishkapattinam to Chennai Egmore and told that except one hand bag all the three travel bags containing about 30 Kgs of Ganja leaves and immediately, they were brought to RPF Out Post, Royapuram Railway Station. On information, one Mr. Shankar, Intelligence Officer, NCB, Chennai, P.W.1 reduced the same into writing and informed the same to his Superior Officer P.W.7. As per the direction of P.W.7, P.Ws.2, 3 and 6 went to the place of occurrence. A detailed report and the accused were handed over to the In