XAVIER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The. appellant herein is the accused in C.C. No. 45 of 2003 on the file of the Special Judge, Special Court under N.D.P.S. Act, Chennai, and he stands convicted for the offence under Section 8(c) r/w Section 20(b) of the N.D.P.S. Act and sentenced to undergo ten months rigorous imprisonment and to pay a fine amount of Rs. 1,000/- in default to undergo one month simple imprisonment. Aggrieved by the said conviction and sentence, the appellant has preferred this criminal appeal.

(2.) The case of the prosecution in brief is as follows:

(3.) P.W.-4, Inspector of Police took up investigation in this matter and sent the property to the Court and also gave requisition for sending the properties for chemical analysis. P.W.-1, Chemical analyst on analysing the contraband MO.1, gave a report Ex.P-2 stating that the contraband was weighing 7.32 grams and it was Di-Acetyl- Morphine (heroine). P.W.-4 after completing the investigation laid the final report under Section 8(c) r/w 21 of N.D.P.S. Act.