HAJA Vs. STATE

JUDGEMENT

(1.) The accused in C.C.No. 94 of 1999 on the file of the Principal District and Sessions Judge, Pudukkottai is the appellant in the above appeal.

(2.) The appellant was charge sheeted for an offence under Section 8(c) read with 18 of the Narcotic Drugs and Psychotropic Substances Act (herein after referred to as "the Act"). According to the prosecution, on 17.9.1998 at about 12.30 noon in Ramanathapuram Railway Feeders Road near Murugan temple bus stop, the appellant was found in possession of 250 grams of opium valued at Rs.25000/- in 21 blocks without any valid permit. On the side of the prosecution, the Village Administrative Officer, Grade-I Constable, the Sub Inspector of Police, Chemical Analyst and the Inspector of Police were examined as P.Ws 1 to 5 respectively and also marked documents Exs. P1 to P10 in support of their charge. 10 grams of abin sample, remaining part of abin in rexine bag and sample returned after chemical analysis were marked as M.Os. 1 to 3. The learned Principal District Judge on appreciation of entire materials after holding that the accused was guilty for an offence under Section 8(c) read with Section 18 of Narcotic Drugs and Psychotropic Substances Act sentenced him to undergo rigorous imprisonment for ten years and also directed to pay a fine of Rs.1,00,000/-, failing which to undergo rigorous imprisonment for one year. Against the said conviction and sentence the accused has preferred the above appeal.

(3.) Heard the learned counsel for the appellant as well as the learned Government Advocate.