N. UGANCHAND KUMAWAT Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal has been preferred as against the Judgment of Conviction passed by the I Additional Special Court for NDPS Act Cases, Madurai in C.C. No.91 of 2019, wherein the Trial Court has convicted the Accused for the offences under Sec. 8(c) read with 20(b)(ii)(C) of NDPS Act and sentenced him to undergo 10 years' Rigorous Imprisonment and to pay a Fine of Rs.1,00,000.00 indefault to undergo six months' Simple Imprisonment and acquitted the Accused for the offence under Sec. 25 of the NDPS Act. As against the conviction the present Appeal has been filed.

(2.) The case of Prosecution is that on 30/9/2018at about 20.00 hrs when the Sub-Inspector of Police and Head Constable of Intellectual Property Enforcement Wing Dingidul were working in Dindigul wing, PW3 received secret information from informer through phone. Immediately the same was recorded in the general diary and also informed to PW4, Inspector of Police, who is the Superior Officer. As per the instructions of the Superior Officer he formed a Raiding party consisting of PW1, Special Sub-Inspector of Police, Head Constable and thereafter at about 3.00 p.m., they reached the spot and involved in the Vehicle check up near Dindigul to Kumuli Road, Athur Pirivu and the Informer identified vehicle Bolero Maxi Truck Plus bearing Reg. No.GJ-19-U-0883 and the Raiding party stopped the Vehicle and enquired the Accused. At that time the Accused told that he do not know Tamil and his mother tongue is Hindi. Immediately PW2, who is well versed in Hindi had explained about the entitlement to be searched in the of presence Gazetted Officer or nearest Magistrate and the Accused also gave consent for searching. Thereafter they seized Vehicle and found two white Polythene Bags each weighing 30kgs of Ganja. When PW2 enquired about the Contraband the Accused gave voluntarily Confession Statement and then they recovered Ganja through Mahazhar/Ex.P2 in the presence of Witnesses and thereafter they drawn two Samples each containing 50gs from each Bag and fixed NIBCID Seal on it and also packed the remaining Ganja and thereafter arrested the Accused and returned back to Police Station and registered First Information Report/Ex.P6 for the offences under Ss. 8(c) read with 20(b)(ii)(C) and 25 of NDPS Act. Thereafter duly prepared report under Sec. 57/Ex.P7 and sent to PW4 Superior Officer and the Samples were sent to Chemical Analysis and the remaining Ganja and photo of the Vehicle were produced before the Trial Court. PW4-conducted investigation, examined Witnesses and then sent the Contraband for Chemical Analysis and after obtaining Chemical Analysis Report/Ex.P11 he filed Final Report against the Accused. Thereafter the Trial Court framed charges under Sec. 8(c) read with 20(b)(ii)(C) & 25 of NDPS Act and the charges were read over and explained to the Accused through Translator and he denied the charges. Thereafter the Trial Court examined PW1 to PW5 and marked Ex.P1 to Ex.P11 & MO1 to 7.

(3.) After completion of evidence, the Trial Court had examined the Accused under Sec. 313(1)(b) of Cr.P.C., with regard to the incriminating circumstances as against the Accused through Translator and the Accused denied the evidence. After analysing the Oral and Documentary evidence on both sides the Trial Court had convicted the Accused for the offences under Sec. 8(c) read with 20(b)(ii)(C)of NDPS Act and sentenced him to undergo 10 years' Rigorous Imprisonment and to pay a Fine of Rs.1,00,000.00indefault to undergo six months' Simple Imprisonment and acquitted the Accused for the offence under Sec. 25 of the NDPS Act.