MAHALINGAM Vs. INSPECTOR OF POLICE NIB CID MADURAI

JUDGEMENT

(1.) Mahalingam, the appellant herein had been convicted under section 21 of the N.D.P.S. Act by the Special Court for N.D.P.S. Cases. Madurai for possession of 370 m.g., of heroine and sentenced to undergo R.I. for ten years and to pay a fine of Rs. 1.00,000/. in default to undergo R.I. for two years by the judgment dt. 29/9/1993. Against the said conviction and sentence the appellant has preferred this appeal.

(2.) According to the prosecution, the Sub Inspector of Police P.W. 2 on 10/5/1992 while checking up the NDPS offenders along with his party in Madurai Town Hall area, he found the appellant and on suspicion, he conducted search on him. After getting his willingness for the search even in the absence of Magistrate or a Gazetted Officer, it was found that he was having a match box containing a paper with heroine powder. Then the same was seized by him under Ex. P1, attested by the witness P.W. 1 Head Constable.

(3.) Thereafter the accused was arrested. After his arrest, he was taken to the police station and a case was registered under section 21 of the N.D.P.S. Act. Ex. P.2 is the printed F.I.R. P.W. 5, the Inspector of Police took up further investigation on receipt of report sent by the Sub Inspector of Police under section 57 of the N.D.P.S. Act. Then he sent the contraband for analysis through the Court. Ex. P. 3 is the requisition. Then another Inspector of Police P.W. 6 took up investigation on 11/5/1992 and examined the witnesses. In the meantime he received the report Ex. P.S from the analyst stating diacity marfinT After finishing investigation the charge sheet was filed on 12/11/1992 under section 21 of the N.D.P.S. Act against the appellant.