RAJA Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted for offence under Section 8(c) r/w 20 (b) (ii) (B) of NDPS Act and sentenced to undergo R.I. for seven months and to pay a fine of Rs.11,000/- in default to undergo R.I. for a further period of two months by judgment dated 05.12.2007 in S.c.No.26 of 2003 on the file of the learned Principal Special Judge, Special Court under EC & NDPS Act, Chennai. Challenging the said conviction and sentence, the sole accused therein has come forward with this criminal appeal.

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

(3.) BASED on the above materials, the trial court framed charges under Section 8(c) r/w 20 (b) (ii) (B) of NDPS Act . The appellant denied the charges. In order to prove the guilty of the appellant, the prosecution examined P.W.1 to P.W.4 , exhibited Ex.P.1 to P.12 and produced three material objects as M.O.1 to M.O.3. When the appellant was questioned under Section 313 of the Code of Criminal Procedure in respect of the incriminating materials placed by way of evidence, he denied the same. He pleaded that he has been falsely implicated. He further stated that he was not at all arrested at the place as alleged and he never carried the contraband as it was alleged. He further stated that he was taken to the police station where using his illiteracy his left hand thumb impression was obtained in all the documents. Having considered all the materials, the trial court convicted the appellant as stated above. That is how, the appellant is, now, before this court with this criminal appeal.