LOOSAI AND PULITHEVAN Vs. STATE

JUDGEMENT

(1.) THE Appellant herein is the accused in C.C.No.244 of 2003 on the file of the learned Principal Special Judge/Special Court under EC & Narcotic Drugs and Psychotropic Substances Act, 1985 Cases, Chennai, and stands convicted for offence under Section 8(c) r/w. 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo 10 years" R.I. and to pay fine of Rs.1 lakh, in default to undergo R.I. for six months. Aggrieved by the said conviction and sentence, the Accused has preferred this Appeal.

(2.) THE case of the prosecution in brief is that on 27.5.2003 at about 5 p.m., near Ega THEatre, Chennai, the Accused was intercepted on suspicion by PW.1, Sub-Inspector of Police, Kilpauk, Police Station. THE Accused was carrying two bags on his heads, one white polythene gunny bag and another black-white lined polythene gunny bag. Inside the white bag, two packets were found containing a total 19.500 Kg of ganja and inside the black-white lined bag 30 packets containing 10.600 Kg of ganja were found. Two samples were taken from each of the bags under Mahazar-Ex.P6. THE Accused was arrested and he was brought to the Police Station along with seized contraband. P.W.1 produced the Accused and materials before the Court and P.W.6 took samples from the ganja and registered a case under Section 8(c) r/w 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 and prepared First Information Report-Ex.P5. He also recorded statements of witnesses. THE samples were sent for chemical analysis and chemical analyst after analyzing the samples, sent a report Ex.P3 stating that samples are found to be ganja. P.W.6 after completing the investigation, laid final report in this case.

(3.) MR. Shunmugavelayutham, the learned Senior Counsel appearing for the Appellant submitted that at the time of seizure of contraband by P.W.21, no independent witness was called. Further, P.W.1 has not prepared any Mahazar for seizure of the contraband and even the Inspector of Police P.W.6 had prepared Mahazar only for drawing samples. Though according to P.W.1, totally 30.100 Kg of ganja was seized, the total ganja has not been produced before the Court and it was not marked during the trial.