LAWS(MAD)-2018-3-121

RAMESH Vs. STATE

Decided On March 28, 2018
RAMESH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Based on source information, the Officers of the Central Intelligence Unit, Trichy, maintained surveillance near the Toll Plaza II at Thirumandhurai Village in Chennai - Trichy National Highway and on 13.01.2010, they intercepted an Eicher Mini Lorry, bearing Registration No.TN-31-F-8581, driven by Ramesh [A-2] and accompanied by Muthuraman [A-1] and on checking the Eicher Mini lorry, they found 493 Kilograms of Ganja concealed in a secret cavity designed in the false bottom of the vehicle. Further investigation was taken up and it came to light that apart from Muthuraman [A-1] and Ramesh [A-2], one Ravichandran was also involved in the offence. After completing the investigation, the Superintendent of Customs, Central Intelligence Unit, Trichy, filed a complaint against Muthuraman [A- 1], Ramesh [A-2] and Ravichandran [A-3] before the Special Court for NDPS Act Cases, Pudukkottai, for various offences under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, [for brevity, the Act], which was taken on file as C.C.No.75 of 2010.

(2.) Ravichandran [A-3] was shown as absconding accused. The case against Ravichandran [A-3] was split up and trial proceeded against Muthuraman [A-1] and Ramesh [A-2]. The Trial Court framed charges under Sections 8(c) r/w 20(b)(ii)(C) r/w 28 and 29 of the Act, for conspiracy, possession and transport of 493 kilograms of Ganja.

(3.) On the appearance of the accused, they were furnished with the copies of the relied upon documents under Section 207 Cr.PC., and the trial Court framed four charges against them for the aforesaid offences and when questioned, they pleaded "not guilty". In order to prove the case, the prosecution examined 9 witnesses and marked 51 exhibits and four Material Objects. When the accused were questioned about the incriminating circumstances appearing against them under Section 313 Cr.PC., they denied the same.