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Tamil Nadu
High Court confirms conviction imposed on drug pedlar
Staff Reporter
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He had attempted to smuggle 47 kg of opium to Sri Lanka
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MADURAI: The Madras High Court has confirmed the conviction and 10 years rigorous imprisonment imposed on a drug pedlar for attempting to smuggle 47 kg of opium to Sri Lanka on August 28, 1992.
Dismissing a criminal appeal filed by him before the Madurai Bench, Justice A. Selvam also directed the convict, J. Alphonse, to pay Rs.1 lakh as fine or undergo one more month of rigorous imprisonment.
The Judge refused to accept the appellant’s contentions and said he did not find any reason to interfere with the judgment passed by the Narcotic Drug and Psychotropic Substances Act Court here on April 27, 2005.
According to the Superintendent of Central Excise and Customs Preventive Unit at Tuticorin, his subordinates, arrested the convict along with two others while unloading the narcotic substance from a car near Alanthalai seashore around 3 a.m..
Appellant’s contention
On the other hand, the appellant’s counsel contended that his client had no knowledge of the crime. He relied upon Section 35 of the NDPS Act, which stated that an accused was entitled to defend himself by proving that he had no culpable mental state with respect to the charges levelled against him.
Rejecting the theory that the convict was actually proceeding to the Tiruchendur temple and he accompanied the accused only on their request, the Judge said it was nothing but farce to state that the appellant was not aware of the crime.
“Flimsy mistake”
Further, the prosecution’s failure to submit a sketch of the place of occurrence was “purely a flimsy mistake that would not militate against the case.”
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