MUTHURAMAN @ MUTHURAMALINGAM Vs. STATE

JUDGEMENT

(1.) The appellant in Crl.A.No. 593 of 2012 who is also respondent in Crl.A.No. 769 of 2012, is the accused in C.C.No. 42 of 2004, on the file of the Special Court for NDPS Act, Chennai.

(2.) A charge was framed by the trial Court against the accused for an offence under Section 8(c) read with 20(b)(ii)(C) of NDPS Act 1985, but he was convicted for the offence under Section 8(c) read with 20(b)(ii)(B) of NDPS Act 1985 and sentenced to undergo three years of rigorous imprisonment and also to pay a fine of Rs.10,000/-, in default to undergo one month rigorous imprisonment. Challenging the said conviction and sentence, the accused has preferred an Appeal in Crl.A.No. 593 of 2012. As the accused was not convicted for the offence under Section 8(c) read with 20(b)(ii)(C) of NDPS Act 1985, the State has preferred an Appeal in Crl.A.No. 769 of 2012 before this Court, seeking to modify the conviction of the accused under Section 8(c) read with 20(b)(ii)(C) of NDPS Act 1985 and also for the enhancement of sentence of imprisonment imposed on the accused.

(3.) In order to prove the case, the prosecution examined PWs 1 to 4 and marked Exs. P-1 to P-12 and produced the material objects Mos.1 to 4. After closure of the evidence, the accused was examined under Section 313 Cr.P.C. and he also examined D.W.1 and marked Ex.D-1 photograph published in Dinamalar Daily. Ex.C-1 is a receipt, dated 17.12.2003, showing the weightage of Ganja.