ABDUL RAHIM N. V. Vs. STATE

JUDGEMENT

(1.) On 6/7/2015, at 10a.m., PW1, the intelligence officer of NCB South Zone Unit, Ernakulam got a reliable telephonic information that, one Abdul Rahim and two other accomplices were transporting about two kgs of heroine. It was also conveyed that, he will reach Alwaye railway station by train on that day. The physical features of Abdul Rehim was also disclosed. This was recorded by PW1 verbatim and was read over to the source. The matter was immediately reported to the Superintendent of Narcotic Control Bureau, south zone, Headquarters, Chennai unit over telephone, since his immediate superior was on leave. On the direction of the superintendent, a team was constituted and they rushed to the railway station and reached the railway station at 11.15 a.m. They solicited the assistance of two independent witnesses, who were present there. At about 11.55 a.m.,one person corresponding to the features conveyed by the informant, came outside the railway station. He was intercepted by PW1 and team. They disclosed their identity and confirmed the identity of that person. He was informed that, PW1 had a reasonable suspicion that, that person was carrying contraband and the intention to conduct a personal search of his body was conveyed. He was also informed about his right under section 50 of the NDPS Act. Section 50 notice was also issued to him. He refused to accept that and suggested that, PW1 himself may conduct the search. Thereafter, he was shifted to the railway protection force office. Initial formalities were complied with. Thereupon, the above person confessed that he was carrying heroin and a bag was handed over. From a secret chamber inside the bag, PW1 recovered a packet of heroine which weighed 1.87 kgs. Using the instrument kept in the kit, it was tested and confirmed to be heroine. It was opened, two samples of each five grams were separated, packed, sealed and affixed with labels. Thereafter, the body of the accused was searched. From the body of the accused cash, air tickets of accused to Delhi and return, and one second class train ticket from Thrissur to Aluva were recovered. Thereafter, he was taken to the office of the Narcotic Control Bureau office and was served with notice for recording his section 67 NDPS Act statement. He was informed that the statement, if voluntarily given by him was likely to be used against him. After recording the statement, he was arrested on 7/7/2015. He was produced before the magistrate on the same day along with section 67 statement, report and remanded.

(2.) Investigation was taken over by PW6, who questioned the witnesses, recorded their statement and laid the final report. Charges were framed against the accused by the trial court for offences punishable under section 21(c) and 23( c) of the NDPS Act. The accused denied the charges and pleaded trial. On the side of the prosecution, PWs.1 to PW6 were examined and Exts. P1 to P23 were marked. MOs were also identified. There was no defence evidence. The court below, on the basis of the available materials, found the accused guilty, convicted and sentenced to undergo ten years imprisonment with a fine of Rs.1,00,000/- each for each of the offence found against him, under section 21 (c) and section 23 (c) of the NDPS Act. Aggrieved by the above conviction and sentence, the accused has preferred this appeal.

(3.) Heard the learned counsel for the appellant and the learned special prosecutor for the Narcotic Control Bureau. Examined the records.