RAMAR Vs. STATE

JUDGEMENT

(1.) This Criminal appeal has been filed to set aside the order dated 22.10.2008 passed in C.C.No.443 of 2002 by the learned Special District and Sessions Judge (for NDPS Cases) Madurai.

(2.) The case of the prosecution is that when PW4 was in duty, one informant came to the police station and informed that five persons were found in possession of Ganja and if they come with him, he will show the persons. Further he entered the same in writing and thereafter PW4 informed the same to the superior officer and after obtaining permission they went to the place of occurrence identified by the informant and they intercepted the suspected persons and after enquiry the appellant voluntarily handed over Ganja weighing about 50 kgs and he admitted himself that he is in possession of the Ganja. Thereafter he proceeded further as per the provisions contemplated under NDPS Act and duly complied with the statutory provisions under the NDPS Act and recovered Ganja and prepared mahazhar and also took samples in accordance with law and arrested the accused and prepared statement and report under Section 57 of the N.D.P.S Act and after investigation laid charge sheet against the accused for offence under Section 8(c)r/w.20(b)(ii)(B) of the NDPS Act.

(3.) After framing necessary charges in order to prove the case of the prosecution, on the side of the prosecution as many as 5 witnesses were examined as PW.1 to PW.5 and 11 documents were marked as Ex.P. 1 to Ex.P.11 and 3 material objects were exhibited.