CHELLAPPA Vs. THE STATE

JUDGEMENT

(1.) The accused, who stood charged and tried for the commission of the offences under Sections 8(c) read with 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (in short 'NDPS Act') and suffered a conviction and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.25,000/- with a default sentence of rigorous imprisonment for six months, vide judgment dated 31.07.2007, passed in C.C.No.50 of 2001, by the learned Special District and Sessions Judge, (NDPS Act Cases), Madurai, is the appellant.

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

(3.) The learned Counsel for the appellant has drawn the attention of this Court to the testimonies of P.W.4 and P.W.5 and would submit that though the samples have been drawn on seizure of the contraband, the pre-seizure formalities have not been properly complied with and thereby, a doubt has been created as to whether the contraband has been seized at all and the samples drawn from the contraband have been sent for chemical analysis.