DIVAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused in Sessions Case No. 81 of 1994 on the file of the Sessions Court, Thalassery is the appellant in Crl. Appeal No. 497/1995. The complaint in the same case is the appellant in Crl. Appeal No. 755/1995.

(2.) Three accused persons were prosecuted for the offences punishable under S.8(c) read with S.21, 28 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called 'the Act') on the basis of the complaint filed by the Intelligence Officer, Narcotic Control Unit, Cochin in O.K. No. 1 / H / 94, F.No. NCB / CHN / H / 1/94.

(3.) The prosecution case is as follows: On the basis of the information that illegal transaction in narcotic drugs was being conducted from building bearing No. XIX / 469 of Thalassery Municipality called Alankar Manzhil at Thiruvangad which is the residential premises of the second accused, the Intelligence Officers of the Narcotic Control Bureau led by the Superintendent of Narcotic Control Bureau, Cochin searched the house on 6.3.1994 at about 10 a.m. in the presence of witnesses as per the search warrant issued by the Superintendent. At the time of search, accused Nos. 1 and 3 were also found in the house. On search the first accused was found carrying one rexin bag containing brown sugar weighing 251 grams packed in polythene packet. In the room wherein accused 1 and 3 were present, two bundles of small polythene packets and a tiny common balance were found placed beneath a chair. The brown sugar was seized in the presence of witnesses and the accused and two samples were drawn out of it by preparing a mahazar. Polythene packets and common balance were also seized. As a follow up action the residence of the first accused at Pinarayi was searched at about 7 p.m. on the very same day and another packet of brown sugar weighing 251 grams was seized and two samples were drawn out of it in the presence of witnesses by preparing a mahazar at the spot. The first accused confessed that the article seized from his house was brown sugar and he had brought brown sugar to the house of the second accused for sale to the third accused and he was dealing in brown sugar for the past three years with the active assistance of the second accused. Accused 2 and 3 also gave voluntary statements. After recording the confession statements from the accused they were arrested and produced before the Judicial First Class Magistrate, Thalassery who remanded them. The samples taken from the seized articles were sent for chemical analysis to the Laboratory of Customs, Cochin. After analysis they reported that the sample constituted crude heroin. Hence the complaint was filed by the Intelligence Officer before the lower court against the accused alleging to have committed the aforesaid offences.