UMAR FAROOQ Vs. STATE

JUDGEMENT

(1.) The appeal is filed by the accused against his conviction and sentence for the offence under section 8(c) r/w 21(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter shortly referred to as NDPS Act).

(2.) The case of the prosecution is that PW4 then Deputy Superintendent of Police, NIB CID, Chennai received a telephonic message from his informer at 10.45 am on 6.4.2002 as if one Umar Farooq is going to deal with heroin, a narcotic drug in whole and retail sale between 11.45am and 2.00pm on the same day in the junction of Linghi Chetty Street and Mannady Street and the same was recorded in writing by the Deputy Superintendent of Police, who inturn directed PW1, then Inspector of Police, NIBCID to take necessary action on the information. On receipt of such information, PW1, Inspector of Police along with his police party consisting of PW3 Rangasamy, Head constables Mir Mohd Ali and Anbalagan, Murugan, Annadurai, Harihom Namachivaya and Kalyanaraman reached the spot and intercepted the accused and introduced himself and enquired him and collected the particulars about his name, age, father's name and residential address and having ascertained that he was the same person as mentioned in the information, informed him about his right to be searched in connection with the custody of heroin either before the Judicial Magistrate or a Gazetted officer and he offered himself to be searched by PW1/Muthahir Hussain, Inspector of Police and the same was recorded in writing by the Inspector of Police and PW1/Inspector of Police asked one Selvam and Mohideen, street vendors to stand as independent witnesses for the search and seizure and as they did not agree to do so, the Inspector of Police obtained signature from PW3/Rangasamy and Head Constable Mir Mohd Ali as witnesses and searched the accused and found him to be in custody of heroin weighing 900 grams kept in white colour bag carried in his hands and the Inspector of Police seized the same under due mahazar in the presence of the police party and he drew two samples of 5 grams each, and the same was separately tied and sealed and the remaining contraband was separately tied and sealed and signatures from the witnesses were obtained in the sealed packets and the accused, the witnesses above mentioned and PW1/Inspector of Police also signed in the mahazar.

(3.) Thereafter, the accused gave voluntary confession statement and the same was recorded by the Inspector of Police. As the accused was in possession of heroin, narcotic drug, without valid record and permission, he was arrested and brought to the police station along with contraband. The case was registered against the accused in Cr.No.42 of 2002 under Section 8(c) r/w 21 of NDPS Act. The Inspector of Police thereafter sent a special report under section 57 of NDPS Act to the Deputy Superintendent of Police, NIB CID, Chennai and sent telegram to the relatives of the accused in connection with the arrest of the accused and brought the accused to the concerned police station along with the contraband seized under form 95. The investigation was thereafter entrusted to PW5/Manialagan, then Inspector of Police by the Deputy Superintendent of Police, who on receipt of the FIR and other case records, proceeded with the investigation and sent the accused for judicial remand and submitted the contraband to the concerned Court along with requisition for sending the same for chemical analysis. The sample sent for chemical analysis was received back along with report that it consists of 'Diacetyl morphine' known as heroin and Ex.P11 report was received by the court along with remnants of the contraband and the remaining contraband was, after chemical analysis, kept in MO1 sealed polythene bag. The investigation was, in the mean while, completed and the final report was filed against the accused under Section 8(c) r/w 21 of NDPS Act.