INTELLIGENCE OFFICER NCB Vs. SELVI

JUDGEMENT

(1.) Crl. O.P. No. 24489 of 2012 is filed by the Complainant in R.R. No. 7 of 2012 in NCB F. No. 48/1/5/2012-NCB/MDS on the file of Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai-90 for cancellation of bail granted to the respondents/accused herein in Crl. M.P. No. 2119 of 2012 on the file of Principal Special Judge, Principal Special Court under EC & NDPS Act Cases, Chennai. Brief facts are as follows:

(2.) On the basis of the said information, the officers of Narcotics Control Bureau, Chennai rushed to the RPF Outpost at Mambalam Railway Station, Chennai and approached the said Sub Inspector Maharajaran and T.K. Ramamurthy, Head Constable RPF and introduced themselves as officers of NCB, Chennai and briefed them about the information received by them and asked the RPF officials to be witnesses for the proceedings to be conducted by the NCB officers under NDPS Act, for which they agreed. Thereafter, S. Maharajan, produced the two ladies (respondents herein) along with the luggages brought by them to K.R. Srikanth, Intelligence Officer, NCB., who had already introduced himself as Intelligence Officer of NCB, Chennai by showing his identity card. Then, K.R. Srikanth, Intelligence Officer explained the provisions of Section 50 of NDPS Act that they had the right to be searched in front of a Magistrate or Gazetted Officers to which, they politely declined the offer and requested to be searched by the RPF lady constables who were present there. Then, K.R. Srikanth, Intelligence Officer, asked both the ladies whether they were in possession of any narcotic drug, for which, both the ladies replied that they were in possession of 4 travel bags containing 19 packets of ganja and 2 shopping bags containing 4 packets of ganja. Thereafter, both the respondents handed over the bags to the NCB officer, who examined all the four travel bags and the two shopping bags, which were found without any lock. Then both the ladies opened the brown chocolate colour travel bag with inscription as 'KING' and took out 4 packets and handed over to Shri K.R. Srikanth, Intelligence Officer, NCB. A pungent smell was coming out of these packets. Then, the said Intelligence Officer opened the first plastic cover, which contained a brown colour paper wrapped packet tied with nylon thread. On opening the same, it found to have contained compressed brown colour dry leaves and on opening the remaining 3 packets with similar type of packing, all the packets were found to contain similar compressed brown colour dry leaves. The contents of all the 4 packets were then transferred to a big white colour urea bag and mixed the entire contents. Then the officer took out a small pinch of brown colour dry leaves powder and tested the same with the field test kit which was taken along by the NCB officers, which answered positive for Marijuna (ganja). Then, the Intelligence Officer weighed the urea bag containing the ganja leaves transferred from all the 4 brown colour paper packets in the weighing machine and the net weight of the actual quantity of brown colour dry leaves was 12.800 kgs. Then 2 samples of 25 grams each were drawn, placed in separate polythene covers, heat sealed and placed in brown colour paper cover separately, pasted, wax sealed with NCB seal No. 11 and marked as S1 and S2. The remaining portion of brown colour dry leaves weighing net weight of 12.750 kgs. in the urea bag was tied with jute, wax sealed with NCB Seal No. 11 and marked as P1.

(3.) Similarly, both the respondents opened the other three travel bags, which contained 12.600 kgs, 12.100 kgs., and 14.100 kgs. respectively and two shopping bags, which contains 4.200 kgs., and 5.500 kgs. Then the Officer came to know that it was ganja after conducting test with the field test kit and took the samples of 25 grams each and placed in separate polythene covers and he proceeded the formalities. The total net weight of the quantity of ganja worked out to 12.800 + 12.600 + 12.100 + 14.100 + 4.200 + 5.500 = 61.300 kgs including samples (25 grams x 12 = 300 gms.). After seizing currency notes and mobile phones from the respondents in the presence of witnesses, he summoned the respondents under Section 67 of NDPS Act to NCB Office for further enquiry, where their voluntary statements were recorded. On the same day, i.e. on 17.3.2012, the respondents were arrested at 21.30 Hours under Sections 8(c) read with Sections 20(b), 28 and 29 of NDPS Act, as punishable under Sections 20(b)(ii)(c), 28 and 29 of the said Act.