MADHUSOODANAN ALIAS BABU Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) Can the Analysis report with regard to the contraband seized in a case coming under the N.D.P.S. Act prepared by a Chemical Examiner of the Customs House be admissible with regard to proof of the substance (contents) for purposes of conviction under that Act This is one of the questions arising for consideration in these appeals filed by accused Nos. 1 and 2 respectively challenging the conviction entered against them for the offence under S. 21 read with S.29 of the N.D.P.S. Act and the sentence of R. I for 10 years and fine of Rs. 1 lakh (in default R. I for one year) imposed therefor.

(2.) The prosecution alleged that at about 2.30 p.m. on 25.12.1998 PW 4 who was the Superintendent of the Trivandrum unit of the Narcotic Control Bureau received reliable information over telephone that two persons (subsequently found as accused Nos. 1 and 2) had checked into the Chathurthi lodge at Aristo Junction, Trivandrum possessing heroin and that after recording the information and sending Ext. P6 report to the Official Superior, namely Director of NCB, Chennai, he proceeded to the aforesaid lodge; found on verification of Ext. P1 entry in Ext. P1 check in register and also with reference to PW 1 who is the Manager and PW 2 who is the room boy that the accused were inside the room and that when he knocked at the closed door of the room, the first accused opened the door. It was noticed that the second accused was sitting on a cot inside the room with a plastic carry bag (MO4) kept on his lap. The first accused was having the key of the room and that was seized by PW 4. After alerting the accused of their right under S.50 of the NDPS Act and on getting a negative reply, MO4 bag was seized and checked. One of the contents of the said plastic bag was a polythene packet (MO3). The weight of the substance of brown colour found inside the packet was ascertained as 510 gms.

(3.) A part of the powder found inside MO3 was taken out and tested using the field drug detection kit which had been taken along by PW 4. The test proved positive for heroin. After preparing two samples each of 5 gms and after preparation of Ext. P2 mahazar the accused were taken to the NCB office. After serving Exts. P7 and P8 summons they were questioned and their statements recorded. In Exts. P9 and P10 statements so prepared, the accused confessed to the crime. They were produced before the Magistrate on the next day and the prosecution steps continued.