PAULRAJ Vs. SUB INSPECTOR LAW AND ORDER POLLACHI

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgement dated 20.09.1996 made in C.C.No.11 of 1993 on the file of the Assistant Sessions Judge, Udumalpet. The appellant herein is the accused.

(2.) The learned Assistant Sessions Judge, Udumalpet, found the appellant/accused guilty under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act and convicted and sentenced him to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.5,000/-, in default to undergo a further R.I. for six months.

(3.) Tracing the history of the appeal, it comes to be known that a case in Crime No.313/91 of Pollachi West Police Station was registered alleging that on 16.11.1991, P.W.1, who is the Police Constable attached to the Pollachi West Police Station, was on a prohibition raid along with other Police Constables, Dharmaraj and Vasudevan at Pollachi Sandy, that at about 08.30 p.m., at Oil Shops line of Pollachi Sandy, the appellant/accused, who was standing with a parcel, on seeing P.W.1 and the other Police Constables, tried to run away; that P.W.1 and the other Police Constables caught and checked him and they found him carrying ganja weighing 100 grams, that they arrested the appellant/accused at the spot itself and brought him to the Police Station and registered a case in Cr.No.313 of 1991 under Section 20(b)(1) of the N.D.P.S. Act and placed the same before the higher Officials, and that during the course of the investigation, the ganja was sent to chemical examination under Ex.P.1 and the report thereon is Ex.P.2.