STATE Vs. KRISHNAVENI

JUDGEMENT

(1.) The above Appeal is filed challenging the Acquittal of the Respondents 1 to 3 for the offences under Sec. 8(c) r/w 29 of the NDPS Act and the acquittal of the 3rd Respondent for the offence under Sec. 8(c) r/w 25 of the NDPS Act.

(2.) It is the case of the Prosecution that on 27/2/2014, based on a secret information, the Inspector of Police attached to K6, T.P. Chathiram Police Station deputed a Special Sub-Inspector of Police attached to the same Police Station to conduct a Vehicle Check up and during the said Check up, they found that the Respondents were transporting Ganja in an Auto. It is further case of the Prosecution that 1st Respondent/A1 was found in possession of 22.880 Kgs of Ganja and A2 was in possession of 22.450 Kgs of Ganja and that A3 was a Driver of the Autorickshaw who was aware about the possession of Ganja by the other two Accused.

(3.) The Special Sub-Inspector of Police lodged a Complaint on the basis of which an FIR was registered in Crime No.139 of 2014 for the offence under Ss. 8(c) r/w 20(b)(ii)(C), 25 & 29 of the NDPS Act. The said FIR was marked as Ex.P10. PW5 on the basis of the FIR commenced an investigation and examined the Witnesses, collected samples from the contraband seized from A1 & A2 and sent it to Court with a request to send it for examination by the Forensic Department. On the receipt of the Report, on 12/8/2014, he laid the Final Report against the Accused persons for the offence under Ss. 8(c) r/w 20(b)(ii)(C), 25 and 29 of the NDPS Act before the Principal Special Judge, Special Court under E.C. & NDPS Cases, Chennai.