The conviction and sentence for illegal possession of narcotics were upheld as the prosecution demonstrated compliance with legal procedures and sufficient evidence of possession.

JUDGMENT

The appellant/A2 in C.C.No.296 of 2021 on the file of I Additional Special Court for NDPS Act Cases, Madurai, has filed this appeal, challenging the judgment of conviction and sentence imposed against him on 21.04.2023, whereby, he was convicted for the offence under Sections 8(c) r/w 20(b)(ii)(C) and 25 of the NDPS Act for the alleged illegal possession and transportation of 102 kg of ganja

2.1. The brief facts of the case is as follows:

When P.W.2 was working as Sub-Inspector of Police, Melur Police Station, MAdurai, on 30.12.2020, at 06.45 pm, he received a secret information through telephone from his informant about the illegal transportation of ganja in the Toyota Car bearing Reg.No.TN-09-CS-5062 near Katthapatti Melur Taluk, Madurai District. He recorded the said information in the General Diary and reduced it in writting under Ex.P.9 and informed the same to his Immediate Superior. Thereafter, P.W.2 and other police officers went to the spot with necessary equipment and were on surveillance. At that time, at 07.55 p.m, P.W.2 found the said car coming and the informant identified the accused and the car and thereafter, left the place of occurrence. They intercepted the vehicle and introduced themselves as police officers and he was informed about his right to be searched before the Judicial Magistrate or the Gazetted officer as required under Section 50 of the NDPS Act. The appellant consented to conduct search by the officer himself and hence, P.W.2 conducted a search and found the presence of 102 kg of ganja in the back seat of the car and made weighment of entire contraband and took the sample of S1 and S2 and properly sealed the same. He also properly sealed the remaining contraband. Thereafter, he arrested the appellant. The appellant also gave a confession and the same was recorded by P.W.2. P.W.2 brought the accused to the police station along with the entire contraband and sample and registered a case in Crime No.2236 of 2020 for the offence under Sections 8(c) r/w 20(b)(ii) (C), 25 and 29(1) of the NDPS Act and prepared a detailed report under Section 57 of NDPS Act. Following the same, P.W.2 handed over the custody of the accused to P.W.3 along with the contraband, sample and report under Section 57 of the Act. P.W.3 produced the accused before the learned Judicial Magistrate along with the recovered contraband and samples taken from the said contraband and made a request to remand him. After completing all the formalities, the learned Judicial Magistrate remanded the appellant in judicial custody. Thereafter, P.W.3 conducted the investigation and filed the final report before the I Additional Special Court for NDPS Act Cases, Madurai, and the same was taken on file in C.C.No.296 of 2021.

2.2. The learned trial Judge issued summons to the accused and on their appearance, served the copies under Section 207 Cr.P.C. and framed the necessary charges and questioned the accused. The accused pleaded not guilty and stood trial.

2.3. The prosecution, to prove the case examined P.W.1 to P.W.3 and exhibited 18 documents as Ex.P.1 to Ex.P18 and produced 5 material objects as M.O.1 to M.O.5. The learned trial Judge questioned the accused under Section 313 of Cr.P.C., proceedings by putting the incriminating evidence available from the evidence of prosecution witnesses and documents. The accused denied the same as false and the case was posted for examination of the witnesses on the side of the accused. On the side of the defence, no one was examined as witness and no document was marked.

2.4. The learned trial Judge after considering the oral and documentary evidence, convicted the