RAJENDRAN Vs. STATE

JUDGEMENT

(1.) THE Petition has been filed under Section 482 of the Code of Criminal Procedure to call for the records pending on the file of the VI Additional Sessions Judge, Madras in C.C. No. 136 of 1992 and quash the same.

(2.) IT is alleged that on 29 -6 -1989 at about 19:45 hours, the Inspector of Police, P.4 Basin Bridge Station, while going on rounds with his party, saw the accused Rajendran on Basin Bridge top with a cement colour suitcase in his hand. On suspicion when the Inspector of Police interrogated the accused, he failed to give proper answer. When the Inspector of Police opened the suitcase, there were two bundles each containing four kilograms of ganja. The Inspector of Police seized the ganja under the cover of a Mahazar in the presence of Arumugam P.C. 6428 and Rangasamy P.C. 7520 duly attested by them as no other independent witness came forward. The Inspector of Police arrested the accused at 19:45 hours and came to station with the seized items. Thereafter, the Inspector of Police at 20:30 hours registered a case in P -4, Basin Bridge Police Station Crime No. 546 of 1989 under Section 20(b) of the Narcotic Drugs and Psychotropic Substance Act 1985. The criminal case filed against the Petitioner in Crime No. 545 of 1989 for the alleged offence under Section 20(b) of N.D.P.S Act is now pending on the file of the VI Additional Sessions Judge, Madras in C.C. No. 136 of 1992 for disposal.

(3.) FOREST Officer not below the rank of a Forester in the State Forest Department.