2026:MHC:716 IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 12-02-2026 PRONOUNCED ON : 20-02-2026 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL A No. 921 of 2023 Mari … Appellant/A2 Vs.

The Inspector Of Police T-5, Thiruverkadu Police Station, Chennai.

[Crime No. 57/2021] … Respondent/Complainant Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., to set aside the Judgment and conviction of the lower Court imposed in C.C.No.133 of 2022 dated 28.07.2023 by the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai and acquit the Appellant herein.

For Appellant: Mr. C.V.Kumar For Respondent: Mr.S.Rajakumar Additional Public Prosecutor

Judgment

The Criminal Appeal challenges the Judgement dated 28.07.2023 passed in C.C.No.133 of 2022 by the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, convicting the appellant for the offence under Sections 8(c) r/w 20(b) (ii) (B) and 29(1) of the NDPS Act and sentencing her to undergo rigorous imprisonment for two years and to pay a fine of Rs.20,000/- in default to undergo rigorous imprisonment for two months.

2.(a) It is the case of the prosecution that on 22.02.2021 at about

7.30 hours near Kaduvetti Bus Stop at Ottraipalam, Thiruverkadu, the accused were intercepted pursuant to a secret information received by PW1 and the first accused was found in possession of 8 Kgs of Ganja and A2-the appellant herein was found in possession of 5 Kgs of Ganga; that they were carrying it in two different gunny bags and after completing the formalities, the appellant along with the other accused were arrested, an FIR [Ex.P7] in Cr.No.57 of 2021 was registered for the offences under Sections 8(c), 20(b)(ii)(B) and 29(1) of the NDPS Act and on completion of investigation, PW4 has filed the final report against the accused for the offence under Sections 8(c) r/w 29(1) and 8(c) r/w 20(b)(ii)(B) of the NDPS Act, before the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai.

(b) On the appearance of the accused, the provisions of Section 207 Cr.P.C., were complied with and the case was taken on file as C.C.No.133 of 2022 by the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, for trial. The Trial Court had framed charges against the accused for the offences under Sections 8(c) r/w 29(1) and 8(c) r/w 20(b)(ii)(B) of the NDPS Act, and when questioned, the accused pleaded 'not guilty'.

(c) To prove its case, the prosecution had examined 4 witnesses as P.W.1 to P.W.4 and marked 9 documents as Ex.P1 to Ex.P9, besides 6 material object as PM.O.1 to PM.O.24. When the accused were questioned, u/s.313 Cr.P.C., on the incriminating circumstances appearing against them, they denied the same. The accused neither examined any witness nor marked any document on their side.

(d) On appreciation of oral and documentary evidence, the trial Court convicted the accused for the offence under Section 8(c) r/w 20(b) (ii)(B) of the NDPS Act and sentenced the accused/A2 as stated above. Hence, the accused/A2 have preferred the instant appeal challenging the said conviction and sentence.

3. It is reported that the first accused has not filed any appeal and had served the sentence.

4. The learned counsel for the appellant/A2 would submit that the prosecution suffers from several infirmities; that a joint communication under Section 50 of the NDPS Act, was served, which is illegal; that though it is the case of the prosecution that the contraband was brought by the first accused and the second accused/appellant, in two gunny bags, PW2 would admit in his cross-examination that only one gunny bag was seized; that though independent witnesses were examined during the course of the investigation, none of them were examined during trial, which falsifies the prosecution case; that though 56 gms was taken as a sample, only 46.7