MAHABOOB BEE Vs. STATE

JUDGEMENT

(1.) THE accused in S.C.No.88 of 1989 on the file of the Learned Fourth Additional City Sessions Judge, Madras, is the appellant. The appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of ten years and also to pay a fine of Rs. 1,00,000/ - in default to undergo rigorous imprisonment for a period of two and a half years.

(2.) THE case of the prosecution is that on 19.2.1987 at about 2.45 p.m., the accused was illegally found in possession of 230 grams of Opium value at Rs.1,200/ - in front of house No. 11, Mastan Garden Road, Broadway, Madras, an offence punishable under the abovesaid Section of law.

(3.) P .W.1 K. Natarajan was the Cashier in the Court of the learned Third Metropolitan Magistrate, George Town, Madras on 23.2.1987. He was entrusted with 230 grams of Opium on 23.2.1987 in eight packets measuring 12 grams each and another packet measuring 134 grams. The Inspector of Police gave Ex.P.1 requisition for sending those nine packets to the Chemical Analyst. Ex.P.2 is the letter of requisition from the court sent to the Analyst. Ex.P.3 is the report received from the Analyst by the Court. Along with the nine packets of opium three 20 rupee currency notes M.Os.1 to 3 were also entrusted with P.W.1 by the Police. P.W.2 Balasubramaniam was the Grade II Assistant in the Tamil Nadu Forensic Science Laboratory on 23.2.1987. He would depose that on 23.2.1987 the office had received Ex.P.2 along with a sealed packing from the 16th Metropolitan Magistrate's Court, Madras for examination. The packing had contained nine polythene packets covered by a cloth. On 15.4.1987 he took the packets for examination. In each packet he found black fluid with smell of Opium and the net weight of each packet was 10.8, 11.5, 10.5, 10.3, 10, 10.7, 10.4, 12.1 and 120 grams. On examination, he found a morphin in each of the packets at the rate of 4%, 4.2%, 3.7%, 3.7%, 4.2%, 4%, 3.7%, 4.2%, 4% and each of the packet contained Opium of 40%, 42%, 37%, 37%, 42%, 42%, 40%, 37%, 42%, and 40%. On examination, Opium was found in all the nine packets and the Morphin in Opium is an intoxicating substance. In 100% Opium, there could be 10% Morphin Only. On examination of the packets 1 to 8 received from the Court, nothing was left out. After the examination of the ninth packet, the remaining substance was sent to the Court with the seal. Ex.P.3 is his report.