V. K. SATHYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant stands convicted for the offence under S.20(b)(ii) of the Narcotic Drugs and Psychotropic Substance Act and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- and in default to undergo rigorous imprisonment for a further period of two years. The appellant is in prison since the date of apprehension i. e. 30/09/1999. The appeal was forwarded through the Superintendent, Central Prison, Thiruvananthapuram. Counsel was appointed as State Brief to argue the case on behalf of the appellant.

(2.) The charge is that he was apprehended on 30/09/1999 along with 700 grams of high quality hashish oil which was recovered from a white polythene bag held by him at 10 a.m. in front of New Theatre, Thampanoor, Thiruvananthapuram. Evidence adduced consisted of the testimony of PWs 1 to 6 that included PWs 1 and 2, the independent witnesses and PWs 3, 5 and 6, the officials of the Narcotic Control Bureau and PW 4, the chemical examiner and Exts. P1 to P16, Exts. D1, D1(a) and MOs. 1 to 5(c). DW 1, the wife of the accused was examined as defence witness. It is PW 3, the Intelligence Officer attached to the Regional Intelligence Unit, Thiruvananthapuram who allegedly received the source information at 4.30 P.M. on 29/09/1999. According to him, he forwarded Ext. P4 report as to the information received in compliance with S.42 of the N. D. P. S. Act to PW 6, the official superior. Thereafter, as instructed by PW 6 on 30/09/1999 himself and other N. C. B. officials including PW 6 reached the spot indicated in the information by about 7 a.m. and picked up PWs 1 and 2, the independent witnesses, who were found around the spot sitting in a taxi cab; and remained in that area on the look out. At about 8'o clock, the person resembling the description as per the information received i.e. a dark lean bearded man came in front of the New Theatre, Thampanoor, that himself and others cornered the accused, quizzed as to his identity and revealed to him, the identity of the N. C. B officials including himself and conveyed to him that he is entitled to be searched in the presence of a Magistrate or a Gazetted officer and also told him that PW 6 himself is a Gazetted Officer and also volunteered that he can search the N. C. B. personnel and the witnesses, if he so desired. According to PW 3, the accused declined the option. Thereafter in the white plastic carry bag that he having with him was taken from him and examined. The above carry bag contained a transparent polythene packet tied with a rubber band and inside this polythene packet, a blackish brown grey substance. He examined the contents with the aid of the dry detection kit taking a little bit using a spatula and got convinced that the same is Hashish. On his body search, a sum of Rs. 126/- was also found. The article recovered inclusive of the polythene bag was found to contain 700 grams on weighing the same at the spot and from which two samples of 25 grams each were taken and packed and sealed. The carry bag as well as the balance hashish was also separately packed and sealed. On the sealed packet himself, PW 6, PWs 1 and 2 and the accused inscribed their dated signatures. PW 3 has identified the above article seized as MO 1 to MOs 5(c) that included the remnants of the samples sent for chemical analysis. A detailed mahazar was also prepared at the spot wherein also the above persons as well as himself had affixed their signatures and the same is Ext. P1 wherein the option available to the accused vide S.50 of the N. D. P. S. Act is also noted. Thereafter, a summons was also issued to the accused that is Ext. P5 vide S.67 of the N. D. P. S. Act and in compliance of the same at about 10.30 on the same day the accused came to his office and voluntarily in his own hand writing wrote down a confession statement and in each page of which himself and the accused have affixed the signatures. The document is Ext. P6. Thereafter, the accused was placed under arrest and the arrest card is Ext. P7. His relatives were intimated; and one Radhakrishnan, a neighbour came to the office at about 4.30 p.m. and the cash recovered from the accused was handed over to the above person. The accused, the records and the contraband were produced before the court a long with occurrence report, i.e. Ext. P9. The report in compliance with S.67 of the N. D. P. S. Act submitted to PW 6 is Ext. P11. On 05/10/1999, summons was issued to PW 2 vide S.67 and in pursuance of the same he came to the office on 08/10/1999 and gave a statement which is Ext. P12. Forwarding Note submitted before the court is Ext. P13.

(3.) It was PW 5, an Intelligence Officer attached to the N. C. B. who issued Ext. P2 summons to PW 1 under S.67 of the N. D. P. S. Act and in compliance of the summons, PW 1 came out the office on 08/10/1999 and Ext. P16 is the statement of PW 1. It was he who conducted further investigation of the case. It was he who filed the complaint before the court. PW 6 the Superintendent, N. C. B. Thiruvananthapuram has testified as to the receipt of Ext. P4 report vide S.42. He was present at the spot along with PW 3 and was involved in the detection, apprehension, recovery, sampling and the documentation of the events that took place vide Ext. P1. He has deposed as to the above details as narrated by PW 3. He has identified MOs as well as the accused as done by PW 3. It was he who issued instructions to have the further investigation done by PW 5.