P MUTHUNACHI Vs. STATE

JUDGEMENT

(1.) SINCE the issues involved in these appeals are one and the same, they are taken up together and disposed of by this common judgment.

(2.) FOLLOWING is the factual backdrop of prosecution case in brief : P. W. 1, Inspector of Customs, P. W. 2, Superintendent of Customs and their party belonging to Rameswaram Customs Office, on a tip-off, proceeded to the house of the first accused Muthunachi in Vilayattu Mariamman Koil Street, Rameswaram, on 18-12-2003 at 10.00 a.m. along with two independent witnesses P. Ws. 3 and 4. When they entered into the house, 1st accused Muthunachi and 2nd accused were present. They asked 1st accused whether a person belonging to Srilanka had been staying in her house for the past few days and they had to enquire about it. 1st accused promised to extend her full co-operation. On enquiry, 2nd accused told that his father is one Gonsal alias Stephen, that he came to Dhanushkodi Kambipadu Seashore from Srilanka by a country boat belonging to one Kandasamy and with the help of the said Kandasamy, he identified the house of 1st accused and was staying there and that one Gunasekaran residing in Chettiar Street, Ceylon approached him and asked him to Smuggle Narcotic Drug from India and handover to him. While 1st accused was enquired, she told that at about 4.00 a.m. on the same day, one Dyliston (4th accused) and Ceylon Sekar (3rd accused) of Rameswaram came to her house and handed over a parcel containing Narcotic substance for giving to 2nd accused. She voluntarily produced a school bag from the backside of television in her house and took out a polythene parcel fully packed by adhesive tape and told the officials that it was the parcel which was entrusted to her by Ceylon Sek

(3.) EX. Ps. 3 and 4 are the confession statements given by both the accused in the presence of witnesses. Thereafter both the accused were arrested and EXs. P5 and P6 Arrest Memos were prepared for both the accused respectively in which the L. T. I. of 1st accused and signature of 2nd accused were obtained. A detailed report EX. P. 7 was prepared under Section 57 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act') by P. W. 2. EXs. P. 5 and P. 8 are the arrest memoes prepared by the Superintendent P. W. 2, by means of which they were made known about their arrest, who have also made necessary acknowledgments on them respectively. Both of the accused were sent for judicial custody. Remand Report is EX. P. 9.