SELVI Vs. INSPECTOR OF POLICE NIB CID

JUDGEMENT

(1.) This Criminal Appeal is directed against the Judgment of the I Additional Special Judge for NDPS Act, Chennai, dated 17.02.2012 in C.C.No.83 of 2006, convicting and sentencing the accused to undergo 4 months RI for the offence under Sec. 8 (c) r/w 21 (a) of the NDPS Act.

(2.) The appellant / accused has been charge sheeted by the Inspector, NIB CID alleging that the accused had been in possession of 10 gms of heroin, Narcotic drug at 130 p.m on 30.09.2005 under the Railway bridge in Besant Road-Triplicane and thereby he committed offence under Sec. 8 (c) r/w 21 (b) of NDPS Act.

(3.) The prosecution examined six witnesses and marked 11 Exhibits and M.O.1. The trial Court after analysing the evidence and following the procedure as laid down by the Code of Criminal Procedure, convicted the accused for the offence under Sec. 8 (c) r/w 21 (a) of NDPS Act considering the quantity recovered from the accused as small quantity as the same was not sent for purity test so as to attract offence under Sec. 8 (c) r/w 21 (b) to establish it as in-between quantity.