JUDGMENT :

SUNDER MOHAN, J. 

The Criminal Appeal challenges the Judgement dated 02.02.2023 passed in C.C.No.132 of 2021 by the learned Principal Special Judge, EC and NDPS Act cases, Chennai, convicting the appellants for the offence under Sections 8(c) r/w 20(b) (ii)(C) and 29(1) of the NDPS Act and sentencing them as follows:

2.(a) It is the case of the prosecution that on 26.11.2020 at about 1.00 p.m., PW1 attached to the respondent police station received a secret information, that the appellants were smuggling Ganja from Andhra Pradesh in a Bolero pick up van and would reach Madavaram Rountana at about 2.00 p.m.; that PW1 thereafter recorded the information [Ex.P1] and went to the place of occurrence along with PW2 and one Sudhakar (not examined); that they intercepted the vehicle bearing Regn.No.KA51-A-1482 which was identified by the secret informer; that after introducing themselves to the appellants and since no independent witnesses were willing to offer themselves as witnesses, PW1 and his team conducted search of the car; that they had also issued a communication under Section 50 of the NDPS Act appraising the appellants of their right to be searched by a gazetted officer