Crl.A.(MD).No.846 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED :21.09.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

Crl.A.(MD).No.846 of 2022

Gopinath

... Petitioner

Vs.

The State rep by

The Inspector of Police,

Thanjavur Town West Police Station,

Thanjavur District.

(Crime No.110 of 2020)

... Respondent

PRAYER: Criminal Appeal filed under Section 374(2) of the Criminal

Procedure Code, to call for the entire records pertaining to the judgment

rendered by the learned Additional District Judge/Presiding Officer, Special

Court under Essential Commodities Act, Thanjavur in C.C.No.29 of 2021

vide order dated 18.11.2022 and set aside the same and consequently acquit

the appellant.

For Petitioner

: Mr.M.Karunanithi

For Respondent

: Mr.T.Senthil Kumar

Additional Public Prosecutor

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Crl.A.(MD).No.846 of 2022

JUDGMENT

The learned Additional District Judge/Presiding Officer, Special

Court under Essential Commodities Act, Thanjavur convicted the appellant

for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the NDPS

Act 1985 and imposed a sentence of four years rigorous imprisonment and

imposed a fine of Rs.10,000/- in default to undergo simple imprisonment for

a period of one year, by an impugned judgment in Spl.C.C.No.29 of 2021,

dated 18.11.2022. Challenging the same, the appellant filed this appeal.

2. P.W.5 is the Inspector of police, Thanjavur west police station,

on 28.02.2020, at about 08.10 pm., received a secret information regarding

the transportation of Ganja, by the appellant in the Mela Alangam, near

Kottai Valaivu. After recording the same in the general diary and also

informed to the higher officials and obtained permission, he proceeded

towards the place of occurrence with his team along with necessary

instruments at about 8:30, p.m. The said informer identified the appellant.

After the identification, P.W.5 and his team intercepted him and when he is

attempting to escape from the scene of occurrence, they caught hold him

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Crl.A.(MD).No.846 of 2022

and informed about the right of conducting a search in the presence of the

learned Magistrate or the Gazetted Officer, for which, he gave consent letter

under Ex.A1 to conduct search by P.W.5 himself. Thereafter, he handed over

the white colour polythene paper to P.W.5. PW5 on opening the same,

found that there is Ganja, weighing 1.200 kgs. After ascertaining the same,

he arrested the appellant under Ex.B3. On 09.45 p.m, the Mahazar was

prepared under Ex.P2.

2.1. Then, P.W.5 brought the appellant with recovered contraband,

samples to the police station and he registered FIR in Crime No.110 of 2020

for the offence under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act 1985.

The FIR was marked as Ex.B6. Thereafter, he went to the spot and prepared

the sketch and observation Mahazar in the presence of the witnesses

Radhakrishan(P.W.3) and Parthiban(P.W.4). Ex.P7 is the observation

Mahazar and Ex.P8 is the rough sketch. Subsequently, he sent the sealed

samples along with and remaining contraband under Form 91 to the

competent Court along with the appellant/accused at the time of the remand.

He sent a detailed Special report under section 57 of the NDPS Act, which

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Crl.A.(MD).No.846 of 2022

was marked as Ex.P11 to the higher officers. Thereafter, he was transferred

to some other place and hence, P.W.6 conducted investigation and obtained

chemical analysis report under Ex.P10 with the positive result of the

presence of cannabis and filed a final report before the Special Court under

Essential Commodities Act, Thanjavur District, for the offence under

Section under section 8(c) r/w 20(b)(ii)(B) of the NDPS Act 1985.

3. The learned trial Judge taken the case on file in Spl.C.C.No.29

of 2021 and after furnishin