L PRAKASH Vs. STATE

JUDGEMENT

(1.) The appellant herein is the accused in CCNo.217 of 2002. on the file of the Principal Special Judge, Special Court under NDPS Act, Chennai, and he stands convicted for the offence un-der Section 8(c) r/w 21 of the NDPS Act and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs. 1,00,000 in default to undergo six months rigorous imprisonment. Aggrieved by the said conviction and sentence, the appellant had preferred this criminal appeal.

(2.) The case of the prosecution is that the accused was originally arrested in connection with another case in Crime No. 1466 of 2001, on the file of the Vadapalani police station, for the offences under Section 67 and 72 of Information Technology Act and Section 4 r/w 6 of the Indecent Representa-tion of Women (Prohibition) Act. PW1 As-sistant Commissioner of Police, T. Nagar, was the Investigating Officer in this case. The accused was arrested and produced before the XVII Metropolitan Magistrate, Saidapet on 25.12.2000 and he was re-manded. On application filed before this Court, this Court granted six days police custody. Originally the custody was given from 28.12.01 to 1.1.02 and then further six days custody was given from 1.1.02 to 7.1.02. On 6.1.02 at about 8.30 a.m., the accused gave a confession to the police. The said con-fession was recorded in the presence of PWs 2 and 3. In the said confession, the accused, who is a doctor had stated that if he is taken to his clinic at Anna Nagar, he would pro-duce the heroin powder and tablets which were kept concealed. Ex. PI is the admis-sible portion of the confession given by the accused. PW1, the Assistant Commissioner of Police went to the premise at No.AA23, HI Street, Third Main Road, Anna Nagar, Chennai-40, along with the police party and the accused. The accused and the police entered into the clinic. The accused went near his seat and behind the seat from the wooden shelf, he took out a plastic bag and produced. PW1 found inside the bag, a plas-tic packet containing 55 grams of heroin.

(3.) PW4 is the Chemical Analyst in this case who had given a report Ex. Pll stat-ing that the property which was sent for analysis was found containing Di-Acetyl-Morphine (heroin).