NALLUSAMY Vs. STATE

JUDGEMENT

(1.) The sole accused, who stood charged, tried and found guilty under S.20(b)(1) of the N.D.P.S. Act and sentenced to undergo R.I. for 4 years and to pay a fine of Rs.15,000/- in default of which to undergo 9 months R.I., has preferred this appeal.

(2.) The fact necessary for the disposal of this appeal can be stated as follows: On 17.1.1998 at about 8.30 A.M., P.W.3 N.Muthusamy, a Head Constable attached to N.I.B. C.I.D., Trichy received an information from his informant relating to the possession of ganja by the accused at Trichy Bus Stand. After reducing the same into writing marked as Ex.P4, the same was sent to P.W.4 R.Rajagopal, Inspector of Police, attached to N.I.B. C.I.D. Accompanied by P.W.1 Bakthavatchalam, P.W.3 proceeded to the Central Bus Stand, Trichy and found the accused along with a plastic bag. P.W.3 informed the accused as to his right to be searched as contemplated under S.50 of the N.D.P.S. Act. But, the accused replied that it was not necessary, and in the presence of independent witnesses one of whom was examined as P.W.2, L.Mohan, the accused was searched and found in possession of 3 kgs. of ganja. Two samples out of the same 50 grams each were taken in front of P.W.2. The entire contraband was seized under Ex.P2 mahazar. The accused was arrested at about 12.30 A.M. and brought to N.I.B. C.I.D. Office at Trichy. A case was registered in Crime No.4/98 under S.8(c) r/w 20(b)(1) of N.D.P.S. Act. Ex.P6 printed F.I.R. was prepared and sent to the concerned Magistrate's Court. A detailed report as contemplated under S.57 of the NDPS Act was prepared under Ex.P7 and sent to P.W.4. A copy of the report was also sent to the Judicial Magistrate's Court concerned under Ex.P8. The form 95 was prepared, and the accused was remanded to judicial custody along with the documents and properties. On 19.1.1998, P.W.4 proceeded to the site of occurrence, inspected the same, made an investigation, recorded the statement of P.Ws.1 to 3 and one Bakthavatchalam. The sample that was taken out of the contraband was sent for chemical analysis on the request made by P.W.4. The Chemical Analysis report under Ex.P9 was received, which indicated that the sample contained ganja, a narcotic substance. On completion of the investigation, a charge sheet was laid on 16.2.1998 by P.W.4.

(3.) In order to prove the charges against the appellant/accused, 5 witnesses were examined and 10 exhibits and 3 material objects were marked on the side of the prosecution. When the appellant was questioned under S.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, he flatly denied the same. No defence witness was examined. After consideration of the rival submissions and scrutiny of the materials available, the trial Court has found him guilty under S.20(b)(1) of the NDPS Act and convicted and sentenced him to undergo imprisonment, as referred to above.