- (1.)This Criminal Appeal arises out of the Judgment passed by the learned Principal Special Judge, Principal Special Court under the EC and NDPS Act, Chennai in C.C.No.45 of 2015, dtd. 24/7/2018.
(2.)The appellant/A2 is an accused in C.C.No.45 of 2015, on the file of the learned Principal Special Judge, Principal Special Court under the EC and NDPS Act, Chennai. The appellant / A2 stood charged for the offences under Ss. 8(c) r/w 29, 8(c) r/w 22(c) and 8(c) r/w.28 of the NDPS Act. He was sentenced to under go 10 years RI and pay a fine of Rs.1,00,000.00 for each of the offences, in default, to undergo further one year rigorous Imprisonment. The sentences were ordered to run concurrently.
(3.)The case of the prosecution, in brief, is as follows:
(i) On 20/2/2015, at 20.00 Hrs, based on information received by P.W.1, Sanjai Kumar Acharya, the Intelligence Officer, over telephone that 'One Javeed Basha and one Sadiq Basha, resident of Royapettah indulging in trafficking of Methamphetamine, Javeed Bash collected around 3 Kgs of Methamphetamine from Mumbai and trafficking it to Chennai by train, 'Mumbai-Chennai Mail', reaching Chennai Central on 21/2/2015, his brother Sadiq Basha will receive him at Chennai and they are to deliver the said Methamphetamine for further sale. 'If surveillance is mounted at Chennai Central Railway Station, the persons may be identified and the contraband seized'. The Officers of Narcotics Control Bureau, Chennai, after procuring two independent witnesses, mounted surveillance at the starting point of Platform No.3 of Chennai Central Railway Station, Chennai.

(ii) Thereafter, P.W.1, on identifying the persons, informed them individually about their right under Sec. 50 of NDPS Act, 1985 to get themselves searched before a Magistrate or a Gazetted Officer, for which, both of them individually replied that the Officers present there can search them. Both Javeed Basha and Sadiq Basha opened the black colour backpack, took out three identical sized packets, wrapped with colorful gift wrappers, and some used cloths and handed over to P.W.1. Then, P.W.1 took out a pinch of white colored crystal from each of the three packets, tested with Testing Kit, all answered positive confirming presence of 'Methamphetamine', a Psychotropic Substance, weighing 2.970, covered under NDPS Act, 1985. Took the accused to Bomb Detecting Squad office of RPF, seized the contraband in presence of Mahazar witnesses, served notice U/s 67, of the Act, recorded statement in the NCB office, on their admission arrested them. Both A1 and A2, produced on the same day along with contraband before Judicial Magistrate, Ambattur, who remanded them to Judicial custody, thereafter produced documents and contraband before the Special Judge NDPS Act, Chennai. Contraband sent for chemical analysis, Forensic Report confirmed the psychotropic substances, collected documents, on completion of investigation final report filed.