DEPUTY DIRECTOR Vs. G SUNDHAKAR PUJARI

JUDGEMENT

(1.) A complaint was lodged against the accused under Sections 29 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 8(c) of the said Act as the accused during 19th February and June 1987 along with Manohar Panduray Kalpa agreed and conspired to do an illegal act to acquire, possess, transport and sell Heroin, a narcotic drug and in pursuance of the said agreement and conspiracy, the accused acquired the said heroin at Bombay possessed the same and transported it to Madras and sold a portion of the same.

(2.) On 24.6.1987 at 6.30 p.m. the accused was found in possession of 1.200 Kgs of Heroin (Brown Sugar) a narcotic drug in Room No. 404, Bhagyam House Lodge, No. 11, Sunkurama Street, Madras-1. PW 1 was the Intelligence Officer, Narcotics Control Bureau, South Zone, Madras. On 24.6.1987 at about 6.30 pm he proceeded along with other officers to Bhagyam House Lodge in Sunkurama Chetty Street, Madras. He contacted the Assistant Manager there and he perused the register of arrival and asked about this accused and he was told that the accused was staying in room No. 404 in that lodge. PW 1 asked the Assistant Manager to bring a witness, who brought the witness by name, Krishnan and they all went to the room and the accused opened that room. That room was occupied by two persons. PW 1 informed the accused and the other occupant that he would be searching the room. On searching, PW 1 found a plastic bag M.O.1 on a stool inside the room. He found three biscuit pockets M.O.s. 2 to 4 inside the bag. They opened M.Os. 2 to 4 which contain plastic packets containing brown sugar M.Os. 5 to 7. They were seized in the presence of PW2. On their questioning, the accused and the other occupant told them it was brown sugar. They were jointly having the brown sugar. They both also told that it belonged to them. Each of the pockets weighed 400 grams of brown sugar. PW 1 seized M.Os. 1 to 7 under Mahazar Ex.P.1 singed by witnesses. He gave copy of Ex. P.1 to the accused and the other occupant and hoth of them received the same and acknowledged. M.Os. 5 to 7 were sealed in the presence of the accused and the witnesses. The receipt Ex. P.2 was also given to the accused. The accused wrote the statement in kanaris language, which is marked as Ex. P.3 and the English translation of the same is Ex. P.4. The accused has signed in Ex. P.3. PW 1 has given a copy of the same to the accused. The accused was arrested and produced before the Magistrate. PW 1 prepared the list of properties Ex. P.5 and sent it to the Court and he also gave requisition Ex. P.6 for taking the sample and the sample was taken in the open Court and sent to the Laboratory.

(3.) PW 3 received the contraband sample of heroin and analysed it and on analysis, he found the presence of diacitylmorphine and he issued the Analyst's report Ex. P.11. The Deputy Director, Narcotic Control Bureau, South Zone, Madras preferred complaint against the accused.