NAYAGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Nayagam, wife of Chinnasundar, the appellant herein was convicted for an offence under Section 8(c) read with Section, 21 of the N.D.P.S. Act. Challenging the same the present appeal has been filed.

(2.) The prosecution case is that on 21-9-1995 at about 2.45 p.m. in front of Kuthallamman Koil, within the Kasimedu Police limit, the appellant was found in possession of 2.200 grams of heroin. To prove the prosecution case, P.Ws.1 to 5 were examined. Exs.P.1 to P.5 were filed and M.O. 1. was marked.

(3.) The case of the appellant is one of total denial. The learned counsel for the appellant, would raise several grounds to establish that the conviction and sentence imposed upon the appellant is not valid in law. However reference about those grounds would be unnecessary as the appeal has got to be allowed on the simple point namely, Section 50 of the N.D.P.S. Act, which is a mandatory provision, has not been complied with.