SEBASTIN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment, dated 24.02.2012, in C.C.No.14 of 2007, convicting and sentencing the accused to undergo RI for 2 years and to pay a fine of Rs.15,000.00 in default to undergo 3 months RI for the offence under Sec. 8[c] r/w 20[b][ii][B] of NDPS Act, 1985.

(2.) The Inspector of Police, NPDS, Chennai charge sheeted the appellant/accused alleging that he was in possession of cannabis weighing 2kgs at 11.45 a.m. on 20.01.2006, at the entrance of corporation vegetable market, Kodambakkam-Arcot Road, Chennai and thereby, he committed the offence under Sec. 8[c] r/w 20[b][ii][B] of NDPS Act, 1985.

(3.) According to the prosecution, on information, P.W.1, after getting permission from his superior officer, went with two police personnel and searched the accused at 11.45 a.m. on 20.01.2006, near the entrance gate of vegetable market, Kodambakkam-Arcot Road and found the accused in possession of 2kgs of cannabis. After following the procedure, he sent the sample and contraband along with the accused to the Court and also requested the Court to send the sample for chemical examination. After getting the report, charge sheet was laid by the Investigating Officer. The trial Court, framed charges and questioned, after furnishing copies of documents and since the accused pleaded not guilty, he was put on trial.