DEVARAJ Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal by the sole accused was convicted for the offence under Sec. 8(c) r/w 20(b) (ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act')

(2.) The case of the prosecution is that based on specific information received by the Sub Inspector of Police, NIB CID, Chennai on 4/8/2004 at about 10.00a.m., a team of NIB headed by N.G.Kumar proceeded to Vyasarpadi, Erukkancheri High Road, Ambedkar College and kept surveillance for the person mentioned in the information, who was supposed to come there to sell ganja. At about 11.15 hours, the intercepted person was carrying ganja bag on his left shoulder, who was identified by the informant as the person, who had come to sell ganja. The said person disclosed his name as Devaraj and his residence. The local public declined to be a witness for the search procedure. Hence, in the presence of Head Constables Muruganantham and Danachezhian, the accused Devaraj was informed about his right under Sec. 50 of NDPS Act to opt for being searched by a Gazettted Officer or Judicial Magistrate. The accused Devaraj declined to exercise the option and said no objection for the Sub Inspector to conduct the search. Thereafter, Gunny bag carried by the accused Devaraj was opened and they found that it contains ganja and it is 15.500 kgs. From out of the lot, two samples each 50 grams was taken separately and packed in two small polythin cover and sealed. The balance 15.400 kgs of ganja kept in the gunny bag, tied and sealed and the samples and the major contraband was labelled with details.

(3.) PW-1 [Tr.N.G. Kumar] seized the contraband under mahazar and arrested the accused for illegal possession of ganja and narcotic drug. The arrest of the accused informed to the mother of the accused. The contraband was submitted to the Inspector under Form-95 for further proceedings. The accused was remanded to judicial custody. The detailed report of search and seizure under Sec. 57 of NPDS Act was forwarded to the immediate Superior, the Inspector of Police. One of the samples was sent to the Forensic Science Laboratory and the Report was confirmed as cannabinoids. Final Report was filed and the accused was charged for the offence under Sec. 8(c) r/w 20(b) (ii)(B) of NDPS Act.