M.VELUDURAI Vs. STATE

JUDGEMENT

(1.) THE sole accused in C.C.No.1627 of 2001, on the file of the learned Special District and Sessions Judge for E.C.Act and N.D.P.S.Act cases, Madurai, is the appellant and he was charged for the commission of the offence under Section 8(c) read with Section 29 and Section 8(c) read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N.D.P.S. Act) and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs.1,00,000/-(Rupees one Lakh only) with a default sentence of three months simple imprisonment for each offence vide judgment dated 28.04.2009 and challenging the same, present appeal is filed.

(2.) THE facts of the case which are necessary to dispose this appeal are as follows:

(3.) P .W.1, P.W.2 and P.W.6 informed their identity to Veldurai and suspecting that he is keeping a narcotic substance in his room, wanted to search it. P.W.1 also requested the services of Tvl.Ponnusamy and John Bosco (not examined as witnesses) to be the witnesses to search and they also accepted. Thereafter, the party headed by P.W.1 proceeded to Venus lodge and after getting permission of Veldurai searched the room No.204. At the time of search, the polythene bag with a mixture of black and sandal colour was found beneath the bed with a marking "L.K.S.Jewellers, Bose Road, Chennai" (both in English as well as in Tamil).