K JAGATHEESWARAN Vs. STATE

JUDGEMENT

(1.) The sole accused, who stood charged, tried, found guilty under Section 8(c) r/w 21 of N.D.P.S. Act and sentenced to undergo R.I. for 10 years with a fine of Rs.1 lakh, in default, to undergo R.I. for one year, has brought forth this appeal.

(2.) The short facts necessary for the disposal of the appeal can be stated as follows: On 20.8.1995 at about 6.00 am, the Sub Inspector, Thomas Prabhakar reduced in writing an intimation received by him, informed the same to the Inspector, proceeded to the sport and on being identified, he intercepted the accused at Beracks road, near Dan Bosco School compound. After introducing himself as official of the Department and informed the right of the accused/appellant to be searched in the presence of the Magistrate or the Gazetted Officer, made search on the appellant in the presence of the witnesses, Babu and Rajendran. The accused was found to be in possession of 5 grams of Heroin, a narcotic drug substance in the right pocket of his pant. The same was seized in the presence of the witnesses. After following procedural formalities, the accused was arrested and was taken to station along with narcotic substance at 8.00 a.m. A case in Crime No.21/95 under Sections 8(c) r/w 21 of the N.D.P.S. Act was registered. The Sub Inspector has recorded the statements of the witnesses and produced the accused/appellant along with the contraband seized. On requisition, the contraband seized was sent for chemical analysis, which was accordingly done and found to be Heroin, a narcotic substance. Hence, a charge sheet was filed by the Inspector concerned.

(3.) In order to prove the charges against the appellant, the prosecution examined 5 witnesses and marked 7 exhibits and one M.O. After the evidence of prosecution was over, the accused/appellant was questioned under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses. He denied the same as false and no defence witness was examined.