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IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
Selvaraj – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners convicted for unloading ganja transported by others. (Para 1 , 2) |
| 2. petitioners claim ignorance; prosecution cites call details and smell. (Para 3 , 4 , 5) |
| 3. failure to arrest principal offender a6 undermines prosecution. (Para 6 , 7 , 8) |
| 4. excessive sentence without section 32b reasoning; prolonged jail warrants bail. (Para 9 , 10) |
| 5. sentence suspended pending appeal with conditions. (Para 11) |
ORDER
The petitioners are accused Nos.3 to 5 in CC.No.23 of 2020 on the file of the learned Additional District Judge, Special Court for Essential Commodities Act, Thanjavur. They were arrested on 13.02.2020 along with A1 and A2 with 661.5 kgs of ganja. They have been prosecuted for the offence under Section 8(c) r/w 20 (b)(ii)(C), 28 and 29 of the NDPS Act. By the judgment dated 28.05.2024 the petitioners were found guilty, convicted for the offence under Sections 8(c) r/w 20(b)(ii)(C) r/w 28 and 29 of NDPS Act and sentenced to undergo 20 years rigorous imprisonment with a fine of Rs.1,00,000/- in default to undergo three years rigorous imprisonment. As against the conviction and sentence imposed by the trial Court, these petitioners have filed an appeal before
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