JAINNULABDIN MARAICAIR Vs. STATE

JUDGEMENT

(1.) THE accused was charged under Sec.8 read with 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985) for having been found in possession of a Narcotic Drug commonly known as heroin weighing 210 grams., in contravention of the Rules and provisions of the said Act.

(2.) THE prosecution has examined six witnesses and marked Exs.P-1 to P-12 and M.Os.1 to 6. On the side of the accused Exs.D-1 to D-3 were marked. No witness was examined op the side of the accused. THE accused pleaded not guilty. But the lower court found that the accused was guilty under the abovesaid provisions of the Act and convicted and sentenced him to undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs.1,00,000 and in default of payment of fine, the accused was also sentenced to undergo rigorous imprisonment for three years.

(3.) P.W.5 Ramakrishnan is the Junior Assistant in the Court of the Additional Chief Metropolitan Magistrate, Egmore, Madras. According to him he received M.O.6 Polythene covers with seals on 29.2.1988. It is mentioned in Ex.P-3 that M.O.6 was produced before the court on 26.2.1988, that as there was some work in his office M.O.6 was produced before the residential quarters of the Presiding Officer and that the Presiding Officer directed the Officials to produce M.O.6 on 29.21988. Accordingly, M.O.6 was produced before the lower court on 29.2.1988. P.W.5 noticed seal on M.O.6 at the time of production of the same before the lower court. In his presence 5 grams was taken for sample from each of the fourteen packets and the samples were sealed in the presence of the Presiding Officer. Samples were taken on the petition Ex.P-8 given by the Intelligence Officer. As soon as the charge sheet was filed, the sample packets were sent to the court of the Economic Offences No.II and in the presence of the Presiding Officer, the seal put on M-O.6 was also removed.