IYYAPPAN Vs. THE STATE

JUDGEMENT

(1.) The appellant is the sole accused in C.C.No.151 of 2004 on the file of the Special Court for EC Act and NDPS Act Cases, Madurai and he stood charged and tried for the commission of the offence under Sections 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The trial Court, vide judgment dated 26.06.2006 has taken into consideration of the fact that the accused has pleaded guilty, has convicted him to undergo rigorous imprisonment for two years, and fine of Rs.1,000/- with default sentence of three months rigorous imprisonment. The trial Court has also ordered set off under Section 428 Cr.P.C. Aggrieved against the conviction and sentence passed by the trial Court, he has filed this Criminal Appeal.

(2.) The learned counsel for the appellant would submit that the appellant/accused has pleaded guilty on the advice of the counsel and before imposing the sentence, the trial Court in any event, ought to have put the appellant/accused notice with regard to the proposed sentence of imprisonment and it has failed to do so. On merits of the case, the learned counsel for the appellant/ accused would submit that the contraband was seized on 22.11.2003 and it was sent for chemical analysis on 25.11.2003 and the prosecution has miserably failed to offer any explanation and also drawn the attention of the Court to the fact that the accused pleaded guilty only at the time of questioning under Section 313(1)(b) Cr.P.C. and in any event the trial Court ought to have scrutinised the oral and documentary evidence before recording conviction and it has failed to do so and hence he prayed for appropriate order.

(3.) Per contra, the learned Government Advocate (Criminal side) would submit that admittedly the appellant/accused was represented by Mr.D.Muthuraman and for the reasons best known to him, he has not chosen to cross-examine any of the prosecution witnesses and though the learned counsel for the appellant/ accused sought to make a complaint that on the advice of the trial Court counsel, the appellant/accused pleaded guilty, the said act on the part of the appellant remains intact. Learned Government Advocate (Criminal side) would further submit that with regard to non-discharge of professional responsibility, no complaint whatsoever has been lodged before the Bar Council of Tamil Nadu and therefore it is not open to the appellant to contend otherwise and prays for dismissal of this Criminal Appeal.