SELVAM Vs. STATE

JUDGEMENT

(1.) The accused in C.C.No.83 of 1999 on the file of the Special Judge for Essential Commodities Act cases, Thanjavur is the appellant in the above appeal. He was tried for offences punishable under Section 8 (c) read with 20(b)(i) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"). On being found guilty under Section 8 (c) read with 20 (b)(i) of the Act, he was sentenced to undergo R.I. for 18 months and to pay a fine of Rs.100/- in default of payment of fine to undergo R.I. for one month; and under Section 22 of the said Act, he was sentenced to undergo R.I. for 10 years and to pay a fine of Rs.1 lakh in default of payment of fine to undergo R.I. for 6 years, and both the sentences were ordered to run concurrently. Against the said conviction and sentence, the accused preferred the present appeal before this Court.

(2.) Heard Mr. S. Shanmugavelayutham, learned counsel for the appellant and Mr. K. Abudukumar Rajarathinam, learned Government Advocate (Criminal Side) for the State.

(3.) The case of the prosecution is briefly stated hereunder: On 19-1-1999 at about 13.00 hours P.W.4, Inspector of police, Narcotic Intelligence Bureau, Nagapattinam was in his office. At that time, his informant passed on an information to the effect that the accused was carrying property like 'Ganja', and 'Ganja' tablets. He also informed that he can be apprehended near Kittappa bridge, Mayiladuthurai. The above information was recorded by P.W.4 and the same was sent to P.W.5, Inspector of police. Since at the relevant time P.W.5 was at Thanjavur, the matter was conveyed over phone. On receipt of the information, P.W.5 authorised P.W.4 to proceed further. P.W.4 left the Police Station along with P.W.2-Head Constable and one Subramanian-Senior Selection grade Head Constable and also one Raja, who was standing near a tea stall, towards Kittappa bridge around 4 P.M. At 4.15 P.M. the informant identified the accused and immediately the persons accompanied P.W.4 caught hold of the accused and informed him that they are from Narcotic Intelligence Bureau and they want to search him. The accused was also informed about his legal right, namely, that he is entitled to be searched in the presence of a Magistrate or a gazetted officer. On satisfying himself, the accused told that they can search him and he has no objection for the same. P.W.4 searched the accused in the presence of witnesses and seized a polythene bag from the left hand of the accused. On opening of the polythene bag, he found One K.G. of Ganja and 10 Nitrazepam tablets. Thereafter, P.W.4 had taken 50 grams of Ganja from the polythene bag and two Nitrazepam tablets, packed them separately in the presence of witnesses. After affixing the seal, writing the name of the accused and his address, he obtained the signature of the accused as well as witnesses. The balance of Ganja and Nitrazepam were packed in a separate bag and the same was sealed. The samples and the balance of Ganja and Nitrazepam are M.Os.2 to 4. The cover was also sealed, signed by the accused and attested by witnesses in the same manner. P.W.4 has also prepared a mahazar-Ex.P-3 at 16.30 hours. P.W.4 after informing him that possession of Ganja and Nitrazepam by him is an offence, arrested the accused on the spot around 17.45 hours. The arrest warrant is Ex.P-4. As per the statement of the accused, he was taken to Kumbakonam, Thanjavur, Needamangalam, Thiruvarur and thereafter to the Police Station at Nagapattinam and a case was registered in Crime No.1 of 1999 under Section 8 (c) read with 20 (b) (i) and Section 22 of the N.D.P.S.Act. The First Information Report is Ex.P-6. Thereafter, P.W.4 prepared a report and sent the same to P.W.5. The said report is Ex.P-7. On receipt of the report and F.I.R., P.W.5 started his investigation. He went to the place of occurrence and prepared a Sketch-Ex.P-8. He examined 5 witnesses and recorded their statements. He sent the accused and the contraband to the Court. Thereafter, P.W.5 made a requisition to the Court for sending the sample to Analyst for examination. As requested, the Court sent the samples on 4-2-99 to the Analyst. P.W.1-Analyst on receipt of the sample, examined the same and it was found to contain Ganja material. She also examined the sample of tablets and found that the same is Nitrazepam. She also prepared and submitted a report which is Ex.P-1. The strip of Nitrazepam was marked as M.O.1. On receipt of the report from P.W.1, P.W.5 examined her and recorded her statement. After completion of investigation, P.W.5 filed charge sheet against the accused on 10-4-1999 under Section 8 (c) read with 20 (b) (i) and 22 of the N.D.P.S.Act.