SELLAPPAH SATGUNESWARAN Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) The appellant herein is the first accused in C.C.No.9 of 2009, on the file of the learned Principal Special Judge, Principal Special Court under NDPS Act, Chennai, and he stands convicted for the offences under Sections 8(c) r/w 29, 21(c), 25 and 28 of NDPS Act and sentenced to undergo 10 years rigorous imprisonment for each offence and to pay a fine of Rs.1 lakh for each offence, in default, to undergo six months rigorous imprisonment for each offence. The substantive sentences of imprisonment imposed on the accused were ordered to run concurrently. Challenging the said conviction and sentence, the appellant had preferred this Criminal Appeal before this Court.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) The learned counsel for the appellant submitted that he has not challenged the evidence with regard to the seizure of contraband from the accused, but, he has challenged the conviction imposed by the trial Court on the basis that the seized contraband was of commercial quantity and that actually the contraband seized comes under 'in between quantity' as per the Chemical Analysis Report. The learned counsel for the appellant also relied on a decision of the Honourable Supreme Court (E.Micheal Raj Vs. Intelligence Officer Narcotic Control Bureau, 2008 5 SCC 161).