MAREESWARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Since these criminal appeals are arising out of the same crime, these appeals are taken up for hearing together and disposed of by way of common judgment.

(2.) According to the prosecution, the appellants have conspired together to procure Ganja from Tenkasi District and transport the same in order to sell at Madurai. In order to execute the same, they had planned to transport the Ganja in the Maruti Alto Car registered in the name of the first accused's wife. The informer informed the same to the respondent police. P.W.7/the Sub Inspector of Police attached with the respondent police received the secret information on 20/9/2020, at about 14:00 hrs. Thereafter P.W.7 recorded the same, informed to his superior and proceeded with his team to the occurrence place after complying the procedure under Sec. 42 of the NDPS Act. When P.W.7 and his team were waiting along with the informer at Madurai - Theni main road near Mudakkusalai junction, the informer identified the Alto car in which the appellants were travelling with 25 kgs of Ganja. Thereafter, when P.W.7 and his team intercepted the vehicle at 15:30 hrs, the driver and the five other persons started to run in different directions. P.W.7 and his team could nab only four persons (A1, A2, A3 and A6) and the remaining 2 persons (A4 and A5) escaped from the scene of occurrence. P.W.7 after complying the procedures under Sec. 50 of the NDPS Act, found 2 bags with the contraband weighing of 25 kgs (one bag contains 10kgs of Ganja and another bag contains 15 kgs of Ganja), in the boot of the car. From each bag, P.W.7 took sample and prepared the seizure mahazar with photograph of the car. After that, he arrested the accused and brought the accused to the station and he registered a case in Crime No.1403 of 2020 for the offences under Ss. 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of the NDPS Act and submitted a detailed report to P.W.8-Inspector of Police under Sec. 57 of the NDPS Act. During the course of the examination, the arrested accused disclosed that the absconding accused are A4- Karthik @ Akori Karthik and A5-Marimuthu @ Tori Mari. P.W.8 arrested the said accused on 23/10/2020 on PT warrant. Thereafter, he completed the investigation and filed the final report before the Special Court. A5 was shown as absconding accused in the final report.

(3.) The learned trial Judge had taken cognizance of the case in C.C.No.267 of 2020. Thereafter, he split up the case against the absconding accused(A5) and assigned a separate number ie., Spl.C.C.No. 114 of 2022. The learned trial Judge served the copies under Sec. 207 Cr.P.C., to the accused Nos.1, 2, 3, 4 & 6 and framed the necessary charges and commenced the trial in Spl.C.C.No.267 of 2020. The learned trial Judge had examined P.W.1 to P.W.8 and the exhibited documents. At that stage, A5 was arrested in another case and produced before the trial Court under the PT Warrant. On 20/4/2022, the prosecution filed Crl.M.P.No.373 of 2022, seeking to conduct joint trial. A1 and A5 had no objection and hence, the learned trial Judge allowed the petition and served the copies under Sec. 207 Cr.P.C., and framed the charges and questioned A5. A5 pleaded not guilty and claimed to be tried.