LAWS(MAD)-2002-3-103

ANBALAGAN Vs. STATE

Decided On March 12, 2002
ANBALAGAN. Appellant
V/S
STATE REPRESENTED BY INSPECTOR OF POLICE, N.I.B.C.I.D., TRICHY Respondents

JUDGEMENT

(1.) ANBALAGAN, the appellant herein was convicted for the offence under Sec.8(c) read with 2(b) (i) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.20,000 in default to undergo rigorous imprisonment for one year. Challenging the same, this appeal has been filed.

(2.) ACCORDING to the prosecution, on 16.12.1997 at about 11.45 a.m., the appellant was in possession of Ganja weighing about 1.5 kgs in white plastic gunny bag. The contraband was seized and he was arrested for the offence. After the investigation was over, the charge sheet was filed for the offence under Sec.8(c) read with 20(b)(1) of the N.D.P.S. Act.

(3.) THIS procedure is clearly wrong, in view of the above judgment reported in Kuppusamy IN RE., (1967) 1 L.W. (Crl.) 1. The trial Court ought to have posted the matter on some other date to enable the prosecution to produce the witnesses and after examination of those witnesses, the accused must be questioned under Sec. 313, Crl.P.C. with reference to the plea of guilty. Therefore, the trial Court has committed a grave illegality in entertaining the plea of guilty, especially when the trial Court has proceeded to the stage of commencement of trial under Sec. 242, C.P.C. Consequently, the conviction is liable to be set aside.