THANGARAJ Vs. THE STATE

JUDGEMENT

(1.) The appellant/sole accused in C.C. No.226 of 2003 on the file of the Special District and Sessions Court (NDPS Act and EC Act Cases), Madurai, stood charged, tried, convicted and sentenced, vide judgment dated 19.05.2008, thus:

(2.) The facts leading to the filing of this Criminal Appeal, are as follows:

(3.) Mr. A. Thiruvadikumar, learned Counsel for the appellant/accused would submit that the procedure contemplated under subsection (2) of Section 42 of the NDPS Act has been given a complete go-by and hence, on that sole ground, the appellant/accused is entitled to be acquitted of. He would further urge that though according to P.W.4, after the contraband was seized, he took 25 grams of Ganja as sample, in the chemical analysis report marked as Ex.P.3, it is stated that 33 grams of Ganja was sent as sample and the said infirmity has not been explained by the prosecution and hence, prays for interference.