MANIVANNAN Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 19.7.2001 rendered in C.C.No.104 of 2000 by the Court of Special Judge, (E.C.Act) Tanjore, thereby convicting the appellant for the offence punishable under sections 8(c) read with 22 of the N.D.P.S. Act and sentencing him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lakh in default to undergo further rigorous imprisonment for a period of three years.

(2.) Tracing the history of the above appeal coming to be preferred by the appellant, it comes to be known that the respondent/State registered a case against the appellant under sections 8(c) read with 22 of the N.D.P.S. Act in Crime No.11/2000 on the file of N.I.B. C.I.D., Villupuram, on allegations that on 28.3.2000, at about 4.p.m. at Villupuram-Cuddalore Road near Maaligai Medu Bus stop, the appellant/accused was carrying Diazepam powder weighing 300 grams in a plastic pocket without a valid permit or licence to be in possession of the same and since the said act is in contravention of the relevant provisions of the N.D.P.S. Act, the case was registered against the appellant/accused and proceeded with the investigation and a charge sheet has been filed on completion of the investigation, against the appellant/accused.

(3.) During trial, the prosecution, in its attempt to prove the case against the appellant/accused, would examine five witnesses for oral evidence as P.Ws.1 to 5 besides marking eight documents for documentary evidence as Exs.P.1 to P.8 and would also mark the seized Diazepam packet as the sole material object on the side of the prosecution as M.O.1.