INTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU Vs. RASOOL MYDEEN

JUDGEMENT

(1.) On 3/10/2014, at around 5.00AM, P.W.1, namely Sumit Arya, Intelligence Officer, NCB Chennai received a telephonic information that one Rasool Mydeen, aged thirty years is engaged in drug trafficking and he is coming from New Delhi to Chennai in the Tamil Nadu Express with 1kg of Heroine and he has procured the same in collusion and conspiracy with one Amjath Khan @ Mathaiya, who is also a resident of Ramanathapuram District, and thereafter is coming to hand over the same to the said Amjath Khan @ Mathaiya. P.W.1 reduced the said information into writing and after due information and permission from the Superintendent NCB, along with P.W.1, a team was formed and they reached the Central Railway Station around 7.00AM and were waiting along with the witnesses and about 7.30AM, the said Rasool Mydeen was identified and when the identity cards were shown, the said Rasool Mydeen offered himself to be searched by P.W.1 himself and upon further search, he handed over the contraband in two polythene bags from his black color backpack bag. Upon cutting open one of the bags and tested it for Heroine by using Drug Detecting Kit, since the test answered positive, after weighing the contraband and taking the sample of 5gms each, prepared the mahazar, completed the seizure formalities and handed over all the documents and properties to the Investigating Officer P.W.3. Thereupon, P.W.3 effected a formal arrest and sent the accused for remand and also handed over the contraband for testing.

(2.) Thereafter, P.W.6 completed the collection of evidence and filed a complaint against both the accused. The complaint was taken on file as C.C.No.21 of 2015 on the file of the Principle Special Court under EC and NDPS Act, Chennai and upon appearance and furnishing of copies under Sec. 207 of the Code of Criminal Procedure, the Trial Court framed five charges against both the accused under Ss. 8(c)r/w Sec. 29, 8(c) r/w Sec. 21(c), 8(c) r/w Sec. 28, 8(c) r/w Sec. 23(c) and 8(c) r/w Sec. 27A of the Act. Upon being questioned, the accused denied the charges and stood trial. Thereafter, to bring home the charges, on behalf of the prosecution, P.W.1 to P.W.8 were examined and Exhibit P.1 to Exhibit P.71 were marked and M.O.1 to M.O.6 were also produced. Upon being questioned about the material evidences and the incriminating circumstances on record, the accused denied the same as false. Thereafter, no evidence was let in on behalf of the defence. The Trial Court therefore proceeded to hear learned Special Public Prosecutor on behalf of the prosecution and learned counsel for the accused and by a judgment dtd. 11/9/2018, acquitted the second accused of all the charges and acquitted the first accused for the charges under Ss. 8(c) r/w Sec. 29, 8(c) r/w Sec. 28 and 8(c) r/w Sec. 23(c) of the NDPS Act, while convicting him for the charge under Sec. 8(c) r/w Sec. 21(c) of the NDPS Act alone and sentenced him to undergo ten years rigorous imprisonment and to pay a fine of Rs.1.00lakh and in default of payment of fine, to undergo further rigorous imprisonment for a period of two years.

(3.) Aggrieved by the conviction for the sole charge as mentioned above, the first accused namely Rasool Mydeen has preferred Crl.A.No.356 of 2019. Aggrieved by the acquittal of the second accused in total and the first accused in respect of the other charges, the Intelligence Officer has filed Crl.A.No.147 of 2019. As such, both the appeals are taken up together and are disposed off by this common judgment.