SARAVANAN Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The Appellant/Accused has projected the present Criminal Appeal as against the conviction and sentence dated 6/3/2007 passed in C.C.No.1755 of 2003 by the Learned Special District and Sessions Judge (for NDPS Act Cases), Madurai.

(2.) The case of the prosecution is that the Appellant/Accused on 11/6/2003, at about 17.50 hours, after being produced before the Thoothukudi Assistant Sessions Judge from Palayamkottai prison and on return, when he was handed over to the jail authorities, at that point of time, he was in possession of 130 grams of Ganja without any permission or licence in his chappal and under these circumstances, he is said to have committed offences as per Section 8 (c) r/w.20 (b) (ii) (A) of The Narcotic Drugs and Psychotropic Substances Act.

(3.) The Appellant/Accused is a Life Convict in a Criminal Case and on 11/6/2003, he was taken to Assistant Sessions Judge Court at Kovilpatti in connection with a different case trial along with three others and these persons were taken by Thoothukudi Armed Reserve Constables Ramamurthy 1865, Sathankulam Vincent 1645 and they were duly produced before the Court and when they returned on 11/6/2003 near the main entrance of the prison, the Appellant/Accused was searched by Gate Keeper Dharmalingam and another Policeman Muthukumar and it was found out that the Appellant/Accused had hidden a Ganja packet inside his chappal and when it was weighed, it was about 130 grams. Immediately, the chappal worn by the Appellant/Accused and the Ganja found hidden in the chappals were handed over to Perumalpuram Police Station by preparing a complaint petition viz., Ex.P.4.