RAJA Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant / sole accused in C.C.No.449 of 2007 on the file of the Additional District Sessions cum Special Court for N.D.P.S. cases, Madurai, was charge sheeted and convicted for the offence under Section 8(c) read with Section 20(b)(II)(b) of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act'). The trial Court, by its judgment dated 28.12.2007, convicted him to undergo rigorous imprisonment for four years and to pay a fine of Rs. 2,000/-, with the default sentence of six months rigorous imprisonment. Aggrieved over the same, the present appeal is filed.

(2.) The fact of the case is that the appellant / accused was in possession of two kilograms of Kanja and was arrested by the Inspector of Police, Narcotic Crime Bureau, Theni, on 05.06.2007, at about 09.30 pm and accordingly, he was charge sheeted. While framing the charges, the appellant / accused pleaded guilty. Based on the same, the trial Court convicted the appellant / accused under Section 8(c) read with Section 20(b)(II)(b) of NDPS Act, against which, the present appeal has been filed.

(3.) Mr.G.Karuppasamy Pandian, learned legal aid Counsel appointed by this Court defend the appellant / accused and submitted that the charge framed against the appellant / accused is grave in nature. The trial Court, without giving reflection of time and without any materials, used its discretion mechanically. The trial Court ought not to have proceeded to convict the appellant / accused without directing the prosecution to prove all the charges and submitted that the entire process of the trial Court is vitiated in view of the judgment of this Court in the decision (in the case of Gopal v. Inspector of Police, Machinakudi Police Station, Koodalur, Nilgiris District, (2016) 4 MadLJ(Cri) 378) and an unreported decision of this Court in Criminal Appeal (MD)No.171 of 2008, dated 10.02015, in the case of Chithira v. Inspector of Police, B-7, Thideer Nagar (L & O) Police Station, Madurai City.