MURUGANANDHAM Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in C.C. No. 244 of 2006 on the file of the Special Court for EC & NDFS Cases, Madurai, and vide impugned judgment dated 27.03.2008, he stood tried and convicted for the commission of offence under Section 8(b) r/w. 20(b)(ii)(B) of NDPS Act and sentenced to undergo four years Rigorous Imprisonment and to pay a fine of Rs. 5,000/ - in default, to undergo six months Rigorous Imprisonment and also ordered set off under Section 428 of Cr.P.C. The accused aggrieved by the said conviction and sentence passed by the trial Court, has filed this appeal. Facts leading to the filing of this appeal briefly narrated are as follows: - -

(2.) THE Special Court for EC & NDPS Cases, Madurai, on receipt of the final report, took it on file in C.C. No. 244 of 2006 and issued summons to the accused and on his appearance, furnished him with copies of documents under Section 207 Cr.P.C. and after granting sufficient time, framed charges under Section 8C r/w. 20(b)(ii)(B) of NDPS Act and questioned him and he pleaded not guilty to the charges framed against him. The prosecution in order to sustain their case has examined P.Ws. 1 to 4 and marked Exs. P1 to P7 and marked M.Os. 1 and 2.

(3.) ON behalf of the appellant/accused, no oral and documentary evidence was recorded and no documents were marked. The trial court on consideration of oral and documentary evidence and other materials, convicted the appellant/accused and sentenced as stated above and hence this appeal.