- (1.) The appeal is directed against the judgment and order passed by the High Court of Judicature at Madras recording acquittal of respondents thereby setting aside the judgment and order of conviction for commission of offence under section 8(c) read with sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and the sentence of 10 years' rigorous imprisonment and fine of Rs.1 lakh imposed by the Special Judge for NDPS Act cases, Chennai.
(2.) According to the prosecution, in a stationed lorry, the appellants were sitting inside on 28.3.2000 at 2 a.m. Lorry was parked in front of Puzhal Jail, it was intercepted by Rajasekhar PW-1, Jaberia Nazir PW-2, P.Saran PW-6, all Intelligence Officers of NCB headed by Mr. K. Raghavan PW- 8, an officer of the Gazetted rank, in the presence of the witnesses Naveenraj, PW-5 and Vinobaraj. Two jute hand-bags containing 26 packets were seized. They were marked as S1 and S2 and seal No.12 was affixed thereon. Statements under section 67 were recorded. The accused were arrested and seized property was produced before the Magistrate. P.Saran, PW-6 deposited the property at the NCB. Godown at about 9.30 p.m. on 29.3.2000 as per receipt Ex. P-1. Property was produced before the NDPS Court by PW-6 on 3.4.2000. As per orders of the court, it was deposited in the godown for safe custody. Analyst's report Ex. P-22 was submitted.
(3.) Prosecution examined Srinivasan PW-9, who prepared the godown receipt on 29.3.2000 regarding the contraband though the forwarding memo sent along with it mentioned that seal No.12 was affixed. However, it was mentioned due to inadvertence in the godown receipt that it contained seal No.11. The trial court convicted the respondents. On appeal, the High Court has acquitted them on the ground that the prosecution has not proved that the seized articles were in fact sent for chemical analysis due to the discrepancy in Seal number as on receipt of godown seal number 11 was mentioned.;