BABU Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the accused against conviction and sentence passed by the Principal Special Court for ECNDPS Act, Chennai, dated 17.02.2012 in C.C. No. 321 of 2003.

(2.) The Inspector of Police, K6 T.P.Chatram Police Station charge sheeted the accused alleging that he was in possession of cannabis weighing 1 kg 100 gms at 11.30 a.m on 15.08.2002 near Gajapathy Street, Chennai and thereby he committed offence under Sec. 8 (c) r/w 20 (b) (ii) (B) of NDPS Act, 1985.

(3.) After furnishing copies and framing of charges, the accused was put on trial as he pleaded not guilty. To prove the case of the prosecution 4 witnesses were examined, 10 Exhibits and 2 MOs marked. The accused was also questioned under section 313(1)(b) Cr.P.C , 1973as to the incriminating evidence appeared against him and he denied his complicity with the crime. The trial Court after analysing the evidence convicted the accused and sentenced to undergo RI for 2 years and to pay a fine of Rs. 25,000.00, in default to undergo RI for 6 months for the offence under Sec. 8(c) r/w 20(b) (ii) (B) of NDPS Act, 1985.