LAKSHMI Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) This criminal appeal is preferred by the appellant/accused against the judgment of conviction and sentence passed by the learned Special Judge for NDPS Act (Additional Court) wherein the learned trial Judge convicted and sentence the appellant/accused for the offences under sec. 8(c) r/w 20(b) of NDPS Act to undergo 3 years rigorous imprisonment and fine of Rs.3,000.00 in default to undergo 9 months simple imprisonment in C.C.No.215 of 1993 dtd. 21/8/1998.

(2.) Brief case of the appellant/accused is that: The prosecution case is that the Sub Inspector of Police N2 Police Station on 30/11/1991 at about 22.30 hrs, with his police party went to the junction of I.D.D.H. and Adi Dravida street and found that the appellant/accused standing near the said junction with a cloth bag and that on seeing the police party the accused tried to escape from the said place and he was surrounded in the presence of two private witnesses and examined the cloth bag and found 3 Kg. of ganja in it and since the accused had no valid permit or license to possess the same, the Sub Inspector of Police arrested the appellant/accused and produced him before the Assistant Commissioner of Police, Royapuram Range along with the private witnesses at 23.00 hrs. The property was recovered from the appellant/accused in the presence of private witnesses and in the presence of Assistant Commissioner of Police Royapuram Range under a mahazar and afterwards the Sub Inspector of Police produced the appellant/accused and property before the Inspector of Police N2 Kasimedu police station, who had registered a case in N2 Cr.No.4213 of 1991 under sec. 8(c) r/w 20(b) of NDPS Act.

(3.) The learned trial Court framed the charges against the appellant/accused under sec. 8(c) r/w 20(b) of NDPS Act. The appellant /accused denied the charges.