Sabiq Rahuman vs State Rep By

Headnote AI-drafted · Editorially reviewed

The appellants, convicted under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, challenged the judgment of the District and Sessions Court (Trial Court for South District Communal Clash Cases), Madurai, which sentenced them to ten years of rigorous imprisonment and a fine of Rs.1,00,000/- each with a default sentence of six months simple imprisonment. The conviction arose out of the interception on 15.11.2016 of a Toyota Qualis car on the Cuddalore-Cumbum Main Road, Theni District, pursuant to secret information received by the Inspector of Police, leading to the recovery of 122 kilograms of ganja concealed in five gunny bags found inside the vehicle carrying seven persons.

The prosecution examined four witnesses and produced documentary and material exhibits including the chemical analysis report confirming the seized substance as ganja. The accused were informed of their right under Section 50 of the NDPS Act to be searched before a Gazetted Officer or Judicial Magistrate, and they consented to the search being conducted by police officers. One accused absconded during the search, another died before charges were framed, and a third absconded during trial resulting in a split-up case; the trial proceeded against accused Nos.1, 3, 4 and 7, of whom A6 was acquitted and the remaining four convicted by the impugned judgment dated 10.07.2023.

The present criminal appeals were filed under Section 374(2) of the Code of Criminal Procedure before the Madurai Bench of the Madras High Court, calling for the records and seeking to set aside the conviction and sentence. The matter was reserved for judgment on 12.09.2025 and pronounced on 25.10.2025.

Catchwords: NDPS Act ganja contraband illegal transit recovery Section 50 NDPS Act right of search informed consent chemical analysis NIB CID conviction rigorous imprisonment criminal appeal Section 374 CrPC Section 313 CrPC