SWARNAKI Vs. STATE

JUDGEMENT

(1.) EACTUAL MATRIX The accused in Sessions Case No. 35 Of 1998 on the file of the I Additional Sessions Judge, Kollam is the appellant. The appellant was found guilty of an offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short), convicted and sentenced to undergo rigorous imprisonment for a term of two and a half years and also to pay a fine of Rs. 15,000/- and in default of payment of fine to undergo simple imprisonment for a term of six months.

(2.) At about 2.45 p.m. on 22-4-1997 the Sub Inspector of Police, Parippally and police party, which included P. W. 3, a woman Police Constable, were proceeding to arrest on Vilasini against whom a Non Bailable Warrant was issued by the Judicial First Class Magistrate, Paravoor in S. T. No. 1431 of 1996. When the police party reached near a bunk shop situated on the eastern side of N. H. 47 on the puramboke land south of Parippally Junction, they saw the appellant standing near that shop. On seeing the police party, the accused became perplexed and fidgety. P. W. 5 became suspicious and questioned the appellant in the presence of P. W. 3 as to what exactly was the reason for her perplexity. She informed P. W. 5 that she was keeping packets of ganja for sale. On getting that information, P. W. 5 informed his immediate superior officer regarding the information he had received and informed the appellant whether she requires the pres ence of a Gazetted Officer for effecting the seizure of ganja from her possession. She informed P. W. 5 that she requires the presence of a Gazetted Officer. P. W. 5 prepared a request and sent one of his constables to the Tahsildar's office at Kollam. at about 4.00 p.m., Tahsildar came and in the presence of the Tahsildar, P. W. 5 questioned the appellant regarding her name and address and also about the ganja. She gave her name and address and handed over one packet of ganja which was kept at her waist. She also produced another 17 packets of ganja kept in the shop. The 18 packets were opened and examined. All the 18 packets contained dried ganja. The appellant was arrested at 4.15 p.m. The ganja was got weighed with the help of one Ramachandran Achari. The weight of total ganja found in all the 18 packets was 25 grams. 5 grams of ganja was taken in a polythene cover as sample. The remaining 20 grams was put in another polythene cover. Both those polythene covers were wrapped with brown papers. P. W. 5 obtained the signatures of accused and attesters on the two packets. The Tahsildar had also affixed his signature to the sample packet as well as the packet containing the remaining quantity. Both packets were tied using twine. As the officer had no personal seal, he sealed the packets using a 10 Paise coin. The paper pieces in which the ganja was kept and a cover were also seized. The accused was arrested. The accused and the contraband articles were produced before Court. Subsequent investigation in the case was conducted by P. W. 8. When the investigation was over, P. W. 6 filed the final report. When the accused appeared before the learned Sessions Judge, charge under Section 20 (b) (i) of the NDPS Act was framed against her after, hearing both sides. The charge was read over and explained to the appellant. She understood the same and pleaded not guilty. On the side of prosecution, P. Ws. 1 to 8 were examined. Exhibits P1 to P4 proved and marked. M. Os. 1 to 3 were identified.

(3.) P. W. 1 is an independent attestor to Exhibit P1 mahazar under which the contraband article was seized. He turned hostile and not supporting the prosecution case. P. W. 2 is the Tahsildar, in whose presence the contraband articles were seized. P. W. 3 is the woman constable who helped P. W. 5 in effecting the seizure. P. W. 4 is a police constable, who also accompanied P. W. 5. He was sent for securing the presence of P. W. 2. P. W. 5 is the detecting officer. He effected the seizure of the contraband article, arrested the accused and registered Exhibit P 3 F. I. R. P. W. 6 filed the final report after investigation. P. W. 7 is the Joint Director, Forensic Science Laboratory, Thiruvananthapuram, who proved Exhibit P 4 Chemical Analysis Report. Exhibit P 4 shows that the contraband article was ganja. P. W. 8 is the Circle Inspector who conducted the investigation.