M KUMAR Vs. STATE

JUDGEMENT

(1.) THESE criminal appeals have been directed against the conviction and sentence dated 14.02.2005 passed in Calendar Case No.652 of 2001 by the Special Court (for EC & NDPS Act cases), Pudukottai.

(2.) THE epitome of the prosecution case can be stated like thus; THE first accused has gone to Karambiam Village so as to see the accused 2 & 3. THE accused 2 & 3 have told the first accused that one Vethamurthi is having brown sugar and the accused 2 & 3 have also told the first accused that on 05.07.2001 they will come to Tiruchirapalli so as to sell brown sugar and accordingly, on 06.07.2001 all the accused have been found in Karumandabam Jaya Nagar First Street. THE first accused has been found in possession of two brown-sugar packets (weighing of 1.020 Kilograms) and under the said circumstances, all the accused are said to have committed offences under Sections 8(c) read with 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) AFTER perpending the evidence available on record, the trial Court has found all the accused guilty under Section 8(c) read with 21(c) read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and ultimately sentenced them to undergo twelve years rigorous imprisonment and also imposed a fine of Rs.1,00,000/- upon each accused with default clause. Against the conviction and sentence passed by the trial Court, the first and second accused have preferred Criminal Appeal No.118 of 2005 and the third accused has preferred Criminal Appeal No.517 of 2005.