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IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
Malaisamy – Appellant
Versus
The State of Tamil Nadu Represented by, the Inspector of Police, NIB-CID, Madurai District – Respondent
| Table of Content |
|---|
| 1. conviction under ndps for ganja possession. (Para 1 , 2) |
| 2. arguments on procedural lapses and witnesses. (Para 3 , 4) |
| 3. arguable points and incarceration considered. (Para 5) |
| 4. sentence suspended with strict bail conditions. (Para 6) |
ORDER
The petitioner is sole accused in CC.No.541 of 2021 on the file of the I Additional Special Court for NDPS Act Cases, Madurai. By the judgment dated 31.01.2024 the petitioner was found guilty, convicted for the offence under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act and sentenced to undergo 10 years rigorous imprisonment with a fine of Rs.1,00,000/- in default to undergo twelve months simple imprisonment. As against the conviction and sentence imposed by the trial Court, this petitioner has filed an appeal before this Court in Crl.A(MD) No.432 of 2025 and the same has been admitted by this Court on 08.04.2025.
2.The case of the prosecution is that on 14.09.2021 at about 8.45 hrs, the petitioner was found in possession of 22 kgs of ganja kept in a white colour polythene bag in his two wheeler. Hence the case.
3.The learned counsel for the petitioner submits that there is no independent witness in this case to the prove the case of
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