PERIYA KARUPPAN Vs. STATE

JUDGEMENT

(1.) K. N. BASHA, J.

(2.) V. Gopinath, learned Senior counsel appearing for the petitioner submitted that the petitioner is A-1 and he has been convicted along with three accused for the alleged offences under Sections 8(c) read with Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotrophic Substances Act (hereinafter referred to as ?the Act?), and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- in default, to undergo one year rigorous imprisonment.

(3.) IN support of the above said contentions the learned Senior counsel placed reliance on the decision of the Hon'ble Supreme Court in Rajesh Jagdamba Avasthi v. State of Goa AIR 2005 SC 1389 : (2005) 9 SCC 773 : 2004 (4) Crimes 347 for the proposition that the discrepancy as regards the weight of a contraband is not a minor discrepancy but such discrepancy is a material and vital discrepancy and in the event of prosecution not explaining such discrepancy, the credibility of the recovery proceedings is considerably eroded.