- (1.)This appeal is preferred by the accused against the conviction and sentence imposed by the learned Sessions Judge, Madurai in C.C. No. 13 of 1996. The charge against the accused is that on 9-11-1995 at about 6.15 a.m., he was driving the vehicle AB 36-B 6099 along with Veeranna and Sathaiah, who were carrying two boxes and that the vehicle was intercepted by the police on National Highways Madurai-Tiruchy and that when the boxes weresearched it was found to contain fiftynine and thirtynine kilograms of ganja and that therefore, the accused is liable to be punished under Section 8(c) read with Section 25 of the N.D.P.S. Act (hereinafter referred to as "The Act"). The accused pleaded not guilty.
(2.)To prove the above charges, the prosecution has examined P.Ws. 1 to 4 and marked Exs. P.1 to P.12 and M.Os. 1 to 14.
(3.)The case of the prosecution as disclosed from the evidence is as follows :P.W. 4 was an Inspector attached to Dindigul N.I.B. On 8-11-1995 at about 11.00 p.m., he received an information that three persons were transporting ganja in a Maruti van and the same was recorded by him under Ex. P. 4. Thereafter, he proceeded to the spot along with witnesses P.Ws. 1 and 2. At about 3.30 a.m., they intercepted vehicles passing through the said road. At about 6.15 a.m. the van bearing Registration No. AB, 36-B 6099 was proceeding towards west. P.W.4 intercepted the above van. The accused was driving the said van and two other person were seated inside the van. As the accused and other two persons did not know Tamil language, P.W. 4 enquired them with the assistance of P.W. 2, who knows Telugu. The accused were also informed of their right to be searched in the presence of a Gazetted Officer or Magistrate for which they told that the Inspector himself could search them. Ex. P.1 is the consent letter given by the accused.