SURESH Vs. STATE

JUDGEMENT

(1.) Accused in C.C.230/1996 on the file of Special Court for Essential Commodities and N.D.P.S.Act Cases, Pudukottai is the Appellant. By the Judgment dated 27.02.1997, the Appellant / Accused was convicted under Section 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act (for short 'N.D.P.S.Act') and sentenced to undergo Rigorous Imprisonment for three years and imposed fine of Rs.12,500/=, in default to undergo Rigorous Imprisonment for 9 months.

(2.) Case of the Prosecution could briefly be stated thus:- On 19.03.1996 - 8.00 AM, P.W.3 - Inspector of Police, NIB:CID (Sankaralingam) and P.Ws.1 and 2 - Constables and Police party were keeping watch over movement of Narcotics near Ramanathapuram Railway Station. At about 10.30 AM, the accused Suresh was found to be moving in a suspicious manner. P.W.3 suspected contraband inside the bag, which the accused possessed. To search for the bag of the accused, P.W.3 called for independent witnesses around the area; they have refused. Keeping the police personnel - P.Ws.1 and 2 as witnesses, P.W.3 informed the accused his desire to search the accused. He also informed the right of the accused to be searched before Gazetted Officer or the Judicial Magistrate. The accused informed P.W.3 that he himself could search. To that effect, the accused signed in Ex.P.1 - Letter attested by P.Ws.1 and 2. On search of the white colour urea bag, P.W.3 - Inspector of Police found the accused to be in the possession of ganja. It weighed 1 kg. From out of the seized ganja, two sample packets were taken, weighing 50 grams each. Both sample packets were affixed with seal of N.I.B. The signature of the accused and the witnesses were obtained. As to the search and seizure, Ex.P.2 - Mahazar was written, attested by P.Ws.1 and 2 signed by the accused. The accused was arrested and brought to the Police Station. A case was registered in Crime No.25/1996 under Sec.20(b)(i) read with Sec.8(c) of N.D.P.S.Act. Under Ex.P.3 - First Information Report, in compliance of Sec.57 of N.D.P.S.Act, informing about the arrest of the accused, the case report was sent to the higher officials - Deputy Superintendent of Police, NIB;CID, Madras under Ex.P.4 - Letter.

(3.) The sample was sent for chemical analysis. As per Ex.P.5 - Chemical Report, the sample was found to be Cannabis. P.W.4 - Inspector of Police(Nesamani) had taken up further investigation. Upon receipt of the Chemical Analysis Report, he has filed the charge sheet against the accused on 16.04.1996.