N SUDHARSAN; RAMULU Vs. STATE

JUDGEMENT

(1.) The appellants herein, who is the accused in C.C. No. 140 of 2004, on the file of the learned Special District and Sessions Judge (For Essential Commodities Act) Pudukiottai, stand convicted for an offence under Section 8(C) r/w 20(b)(ii)(c) of NDPS Act and sentenced 10 years rigorous imprisonment and to pay a fine of Rs. 1,00,000/- in default, to undergo three months rigorous imprisonment. Aggrieved by the said conviction and sentence, the appellants have preferred these Criminal Appeals.

(2.) The case of the prosecution is that on 01.07.2003 at about 15.00 hours at Samayapuram No. I Toll-gate near Anjaneyar Temple, the accused Nos.1 to 3 are found in possession of 25 Kgs of ganja and the first accused by name Sudharsan has given a voluntary confession to the effect that 35 Kgs of ganja has already been given to one Seenivasan and the same has also been seized. Under the said circumstances, the accused have committed for the offence under Section 8(c) r/w 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) On the basis of the alleged culpability of the accused, the trial Court has framed a charge against all the accused under Section 8(c) r/w 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the same has read over and explained to the accused and all the accused have denied the charge and claimed to be tried.