MADASAMY Vs. STATE

JUDGEMENT

(1.) The above criminal appeal is directed against the judgment of conviction dated 7.6.2001 rendered in C.C.No.95 of 2000 by the Court of Special Judge for Essential Commodities Act Cases, Thanjavur thereby convicting the appellant for the offence punishable under Section 8(c) r/w.22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the `Act') and sentencing him to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs.1 lakh in default to undergo further Rigorous Imprisonment for a period of three years.

(2.) The case of the prosecution is that on 23.3.2000 at 9.30 a.m., P.W.4, H.C.505 of NIB CID, Nagapattinam having received information regarding the illicit trafficking of the Narcotic substances, recorded the same in writing and submitting the same to the Inspector, reached the Thiruvarur-Nagapattinam Road, Kivalur Arasanikulam Bus Stop at 11.00 a.m. with his party and since nobody came forward to stand as witnesses, the accused was searched in the presence of P.W.1-M.Paul Raj, Grade-I P.C.408 and one A.S.Subramanian, Grade-I P.C.2092, after informing the accused of his right to be searched before either a Judicial Magistrate or a Gazetted Officer; that during the course of search, the accused was found in possession of a polythene bag containing Diazepam weighing 250 gms. and drawing two samples of 5 gms. each Diazepam, rest of the contraband was seized under a cover of mahazar signed by P.Ws.1,4 and the said A.S.Subrasmanian and complying with all other formalities as directed by the Honourable Supreme Court, they arrested the accused and hence the charge.

(3.) The prosecution, which is burdened to prove the case put up by it,beyond all reasonable doubts, has examined five witnesses for oral evidence as P.Ws.1 to 5 and marked ten documents for documentary evidence as Exs.P.1 to P.10 besides marking three material objects as M.Os.1 to 3. On the part of the defence, no oral or documentary evidence has been adduced.