KARUPASAMY Vs. STATE

JUDGEMENT

(1.) This is an appeal filed against the conviction and sentence imposed on the appellants for the offence punishable under Sections 8(c) read with Sections 21 and 28 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 135-A of the Customs Act.

(2.) The case of the prosecution is as follows : On 24-7-1992, on the basis of an information received by P. W. 1, he made a search at Melmarudhur; that during such search, the contraband of unit was seized from the accused; that the entire operation was done on the previous intimation given by the authorities concerned; that the contraband was said to have been seized from the haystack of one Ekali, who is the father of Al; that the contraband contained 8Kgs. of brown sugar; that the same was seized; that a case was registered and investigation was taken up; that A 1 and A 2 were arrested; that when examined, A 1 gave a confession stating that he has concealed the contraband in the haystack, which was given to him by A 2; that therefore, charges were framed against A 1 and A 2 under Sections 29, 8(c) read with Section 20(1) of NDPS Act and Section 135 of the Customs Act.

(3.) At the time of trial, P. Ws. 1 to 6 were examined; Exs, P.I to P. 49 were marked, M. Os. 1 to 13 were produced and Ex". D. 1 marked.