LAWS(MAD)-2008-10-79

MANIKANDAN Vs. STATE

Decided On October 30, 2008
MANIKANDAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS appeal has been directed against the Judgment in C.C.No.449 of 2001 on the file of Special Court of E.C and NDPS Act Cases, Coimbatore.

(2.) THE case of the prosecution in brief is that on 22.11.2001 at about 10.00 a.m, when the Inspector of Police, Narcotic Bureau, Coimbatore was on his routine rounds, on suspicion, he stopped a Jeep bearing Registration No.K.L.10E,9382 and on search found 7,900 kg ganja in one bag and another 5.800 kg of ganja in another plastic bag in the possession of the 2nd accused and the said jeep was driven by the 1st accused. After seizing the Narcotic drugs, the said Inspector of Police had arrested both the accused under Section 8(c) r/w 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act 1985(Hereinafter referred to as "NDPS Act") and filed charge sheet against them under the above provision of law.

(3.) ACCORDING to P.W.1, the Sub Inspector of Narcotic Bureau on information received from his informant on 22.11.2001 at about 7.00 a.m., proceeded to the place of occurrence and stopped the suspected vehicle bearing Registration No. KL-10E,9382 which was driven by the first accused and on search of the jeep found two plastic bags containing 13.700 kg of ganja (In one bag 7.900 kg nd another bag 5.800 kg) in the possession of second accused and that before conducting the search, he followed the provisions contemplated under Section 50 of NDPS Act and after arresting the accused, brought the accused along with the properties seized under Mahazar Ex P5.