Madras High Court
Unknown vs Tr.Gangadeva on 17 September, 2025
Crl.A.(MD).No.939 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.09.2025
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.A.(MD).No.939 of 2024
The State Represented by
The Inspector of Police,
Alingaram Police Station,
Theni District.
(Crime No.621 of 2021) ... Appellant/Complainant
Vs.
Tr.Gangadeva ... Respondent/Accused
PRAYER : Criminal Appeal has been filed under Section 378(1) of the
Criminal Procedure Code, to call for the records and set aside the order of
Acquittal dated 30.10.2023 made in C.C.No.7 of 2023 on the file of the
learned Principal Special Court for EC & NDPS Act Cases, Madurai, and
allow this Criminal Appeal.
For Appellant : Mr.T.Senthil Kumar
Additional Public Prosecutor
For Respondent : Mr.S.Balaji
Page 1 of 10
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Crl.A.(MD).No.939 of 2024
JUDGMENT
The complainant in C.C.No.7 of 2023 on the file of the Principal
Special Court for EC & NDPS Act Cases, Madurai, has filed this appeal,
challenging the acquittal order passed by the Principal Special Court for EC
& NDPS Act Cases, Madurai.
2.The brief facts of the case as follows:
On 08.12.2021, at 05.00 p.m, the Inspector of police P.W.2
received the secret information about the illegal possession of Ganja near
the bramble at the foot hill, Pandikovil front side, Vallinagar, Allinagaram,
Theni District. He reduced it in writting and informed the same to his
superior namely, Tmt.Rani, the Inspector of Police, and after getting
permission from her, he went to the occurrence place with his team. The
informar identified three persons. On seeing the police party, one person,
who is respondent/A1 herein escaped from the scene of occurrence and the
other two persons/A1 & A2 were nabbed by P.W.2 and his team and they
introduced themselves as police officers and he was informed about their
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right to be searched before the Judicial Magistrate or the Gazetted officer as
required under Section 50 of the NDPS Act. A1 & A2 consented to conduct
the search by the officer himself and hence, P.W.2 conducted the search and
found sacks. They opened the sacks and found that there was 21 kg of
Ganja. Thereafter, they recovered the contraband after follwing the
proceedure and took the samples S1 and S2 and properly sealed the same.
According to P.W.2, they weighed the contraband and found the quantity to
be 21 kg. Thereafter, he arrested A1 & A2. A1 & A2 gave confessions and
he recorded the said confessions. After that, P.W.2 handed over A1 & A2
along with contraband and a detailed report under Section 57 of NDPS Act
to P.W.3. P.W.3 remanded A1 & A2 along with contraband and arrested A1
& A2 and FIR was registered in Crime No.621 of 2021 for the offence under
Sections 8(c) r/w 20(b)(ii)(C) of the NDPS Act and produced the accused
before the learned Judicial Magistrate. After completing all the formalities,
the learned Judicial Magistrate remanded the said accused. Thereafter, P.W.3
conducted the investigation. After investigation, he found that the
respondent is the main accused and A2 & A3 are purchasers from the
respondent. Hence, alternation report was filed before the learned Judicial
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Magistrate, Theni, on 18.05.2022 by altering the offences under Section,
8(c) r/w 20(b)(ii)(C) of the NDPS Act and 29(1) of NDPS Act, against the
respondent. On 22.06.2023, the respondent voluntarily surrendered before
the Court. P.W.3 filed final report before the Principal Special Court for EC
& NDPS Act Cases, Madurai, and the same was taken on file in C.C.No.7
of 2023. The learned trial Judge issued summons to the respondent and on
his appearance, served the copies under Section 207 Cr.P.C. and framed the
necessary charges and questioned the respondent. The respondent pleaded
not guilty and stood trial.
3. The prosecution, to prove the case examined P.W.1 to P.W.3 and
exhibited 10 documents as Ex.P.1 to Ex.P10 and produced 3 material objects
as M.O.1 to M.O.3. The learned trial Judge questioned the respondent under
Section 313 of Cr.P.C., proceedings by putting the incriminating evidence
available from the evidence of prosecution witnesses and documents. The
respondent denied the same as false and the case was posted for
examination of the witnesses on the side of the respondent. On the side of
the respondent, no one was examined and no document was marked.
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4. After considering the material adduced by the prosecution and
also hearing the argument of the accused/respondents, the learned trial
Judge has passed the impugned order, dated 30.10.2023, and acquitted the
respondent/accused from all the charges, which were framed against him.
5. Challenging the above said acquittal, the State has preferred the
present Criminal Appeal.
6. The learned Additional Public Prosecutor would submit that it
is true that the charge was framed under Section 8(c) r/w 20(b)(ii)(C) of the
NDPS Act. Since the respondent had absconded from the scene of the
occurrence, he is also liable to be convicted under Section 8(c) r/w 20(b)(ii)
(C) of the NDPS Act. P.W.2 and P.W.3 clearly deposed about his
abscondence from the scene of occurrence on seeing the arrival of the police
party on the date of the occurrence. Therefore, the learned trial Judge erred
in acquitting the respondent and hence, he seeks to allow this appeal by
setting aside the acquittal order passed by the learned trial Judge.
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7. The learned counsel for the respondent would submit that
admittedly, there was no recovery from the respondent. He was not present
at the scene of occurrence at the time of the recovery of contraband. Only on
the basis of the confession of the co-accused, he voluntarily surrendered
before the Court and there is no other material available to record the
conviction under the grave charge of possession of 21 kg of Ganja. There is
no corroborative evidence on record to prove the possession of the Ganja.
Therefore, the learned trial judge correctly acquitted the respondent and
hence, he prayed for dismissal of this Appeal.
8. This Court considered the rival submission and also perused the
records and the impugned judgment and the precedents relied upon by them.
9. Even as per the prosecution case, the respondent has escaped
from the scene of the occurrence and there was no recovery from him. Only
available evidence against him is the confession of A2 & A3. The said
confession is not admissible as per the judgments of the Hon'ble Supreme
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Court in the cases of Surinder Kumar Khanna Vs. Directorate of Revenue
Intelligence reported in (2018) 8 SCC 271 and Firdoskhan Khurshidkhan
Vs. The State of Gujarat & Another reported in 2024 (5) SCALE 573. P.W.
2 and P.W.3 have not deposed before the Court about the indentification of
the respondent during the course of examination. Without any incriminating
material to prove the exclusive possession of the contraband by the
respondent on the date of the occurrence, the conviction under Section 8(c)
r/w 20(b)(ii)(C) of the NDPS Act is not maintainable. This Court finds no
materials to prove his presence at the scene of occurrence along with A2 &
A3 on the date of the occurrence. Even though, the respondent was charged
with grave offence, this Court without any strong material can not tip the
scales to convict the respondent.
10. Apart from that, prior to the occurrence, he met with an
accident and also sustained leg injuries and thereafter, he was admitted in a
Hospital at Trichy and took treatment for kidney failure. Therefore, his
presence at the scene of occurrence is doubtful. Apart from that, P.W.2 and
P.W.3, the Investigating Officer admitted that no recovery was made from
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the respondent. Further, P.W.3, the Investigating Officer admitted that no
material was collected by him against the respondent to prove the
conspiracy charge also. The relevant portion of the evidence of P.W.1 and
P.W.2 is a follows:-
Evidence of Evidence of P.W.2
P.W.1
vjphp tHf;F vjphp fq;fhnjth ePjpkd;wj;jpy; ruzile;j gpwF
fq;fhnjtplk; ntiu fhtypy; vLj;J tprhuiz bra;a eltof;if
,Ue;J vLf;ftpy;iy. ,e;j tHf;F rk;gtk; ele;jjhf brhy;Yk;
ve;jtpj 3 khjq;fSf;F Kd;g[ jpUr;rp fhnthp kUj;Jtkidapy;
brhj;Jf;fSk; fpl;dp; khw;W mWit rpfpr;ir bra;j gpwF> mth;
ifg;gw;wg;gl btspapy; bry;y Koahky; tPl;onyna jhd; ,Ue;J
tpy;iy. te;jhh; vd;why; mJgw;wp vdf;F bjhpahJ. Rk;gtj;jpw;F
rpy tUlq;fSf;F Kd;g[ mtUf;F Vw;gl;l rhiy
tpgj;jpy; mtuJ tyJ fhy; Kwpt[ Vw;gl;L rpfpr;ir
bgw;W te;jhh; vd;why; mJgw;wp vd;fF bjhpahJ. Ehd;
jtwhf brhy;fpnwd; vd;whYk;> mt;thW
rpfpr;irapy; ,Ue;J te;jhh; vd;whYk; rhpay;y. ,e;j
vjphpf;Fk; ,e;j tHf;fpd; kw;w vjphpfSf;Fk;
bjhlh;g[ ,Ug;gjhfnth my;yJ mth;fSf;Fs; tHf;F
nghijg;bghUs; rk;ge;jkhf ngrpf;nfhz;ljhfnth>
Mtzq;fs; VJk; jhf;fy; bra;atpy;iy.
Gphpt[ 29(1)f;F Mjuthf ,e;j tHf;fpy; ve;j
Mtzq;fSk; jhf;fy; bra;atpy;iy.
11. In view of the above discussion, the submission of the learned
Additional Public Prosecutor that after recording conviction against the
remaining accused, the learned trial Judge committed error in acquitting the
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respondent cannot be accepted. Hecne, this Court finds no merits in this
appeal.
12. Accordingly, this Criminal Appeal stands dismissed and the
acquittal order passed by the learned Principal Special Court for EC &
NDPS Act Cases, Madurai, in C.C.No.7 of 2023, dated 30.10.2023, is
hereby confirmed.
17.09.2025
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
dss/sbn
To:
1.The Principal Special Court for EC & NDPS Act Cases,
Madurai.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
3.The Section Officer,
Criminal Section(Records),
Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN, J.
dss/sbn
17.09.2025
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