SELVAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Since these two appeals are arising out of the same occurrence and filed against the order of conviction made in C.C.No.508 of 2021 on the file of the I Additional Special Court for NDPS Act Cases, Madurai, these two appeals are taken up together for hearing and disposed of by way of this common judgment.

(2.) The appellants/A1 and A2 in C.C.No.508 of 2021 on the file of the I Additional Special Court for NDPS Act Cases, Madurai, have filed these Criminal Appeals before this Court challenging the conviction and sentence imposed against them in the impugned judgment dtd. 21/9/2023. The conviction and sentence is as follows:

(3.) According to the prosecution, on 4/5/2021, P.W.2 received the secret information regarding the possession of Ganja for sale by the appellants. She recorded the said information in the General Diary and informed the same to his superior namely, the Deputy Superintendent of Police, Usilampatti, and obtained permission. Thereafter, at 07.00 a.m, she proceeded to the occurrence place namely, Rengasamypatti Bus Stand along with her team and the informant. Then, at about 07.30 a.m, the informant identified three persons, who had been standing in a suspecting manner. Among them, 2 persons were found in separate possession of a white colour sake. On seeing the police party, the appellant tried to fly away from the occurrence place. However, P.W.2 and her team nabbed the appellants and made a search on them under Ex.P.1, Search Consent Letter and recovered 22 Kgs of Ganja (A1-11 kg, A2-10 kg) from the accused and took samples from each bag by following the procedure stated in the NDPS Act. Then, they arrested and taken them to the Station and registered the case and produced the accused along with the contraband before the learned Judicial Magistrate and the investigation was continued by the Investigating Officer and he filed the final report after obtaining the Chemical Analysis Report and examining the witnesses. The learned trial Judge has taken the same on file in C.C.No.508 of 2021.