LAWS(MAD)-2015-3-726

PONMUTHUVEL; PITCHAI @ GANDHI; MURUGAN; MUNIASAMY @ KURIPATTI MUNIASAMY Vs. INTELLIGENT OFFICER, NARCOTIC CONTROL BUREAU

Decided On March 12, 2015
PONMUTHUVEL; PITCHAI @ GANDHI; MURUGAN; MUNIASAMY @ KURIPATTI MUNIASAMY Appellant
V/S
INTELLIGENT OFFICER, NARCOTIC CONTROL BUREAU Respondents

JUDGEMENT

(1.) The appellants are arrayed as A-1 to A-4 in C.C.No.342 of 2006 on the file of the Court Additional District and Sessions Judge and Special Judge for EC and NDPS Act Cases, Pudukkottai. They along with three other accused, were charged for the alleged commission of the offences under Section 8(c) read with Section 21(c) read with Sections 25, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (in short 'NDPS Act').

(2.) The fourth appellant/A-4, A-6 and A-7 did not appear/were absconding, before the Special Court for quite sometime and hence, the case against them has been split up and tried in C.C.No.27 of 2008 and later on, the fourth appellant/A-4 and A-6 appeared before the Court and therefore, the said accused were tried along with A-1 to A-3 in the present Calendar Case. A-6 died during the pendency of the trial. However, A-7 continues to abscond and hence, C.C.No.27 of 2008 (split-up case) is pending against him.

(3.) The facts leading to the filing of this appeal, briefly narrated, are as follows: