KARUPPIAH ALIAS MIYA MIYA Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this criminal appeal is to the conviction and sentence passed in Calendar Case No.221 of 1999 by the Special District and Sessions Court (Narcotic Drugs and Psychotropic Substances Court) Madurai.

(2.) THE epitome of the prosecution case is that on 29.04.1998 at about 07.30 a.m. on Tiruchirapalli-Madurai Bypass Road (National Highway No.47) at Dindigul near Saravana Real Estate, the accused 2 & 3 namely Lakkanam and Dhanabalan have smuggled 98 kilograms of Ganja and 105 kilograms of Ganja illegally without having license, through the ambassador car bearing Registration No.MSM-5251 and the same has been driven by the first accused viz., Karuppiah @ Miya Miya. Under the said circumstances, the accused 2 & 3 are said to have committed offences under Sections 8(c) read with 20(b)(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and the first accused is said to have committed offences under Sections 8(c) read with 20(b)(1) read with 29 of the said Act.

(3.) ON the side of the prosecution, PWs.1 to 8 have been examined and Exs.P1 to P15 and MOs.1 to 13 have been marked.