STATE OF TAMIL NADU Vs. P RAJA SINGH

JUDGEMENT

(1.) The Intelligence Officer, Narcotics Control Bureau, South Zone, Madras has preferred this petition under 5. 439 read with S. 482 of the Code of Criminal Procedure for cancellation of the order passed by the learned Special Judge designated under the Narcotic Drugs and Psychotropic Substances Act (hereinafter called NDPS Act) Madras and Chengalpattu made in Criminal M.P. No. 452 of 1993 dated 10.11.1993.

(2.) The brief facts which lead to the present case as could be seen from the records are stated as follows: - On 16.10.1993 at about 23 Hours based on intelligence a person by name. Shanmugham, the third accused in this case was intercepted by the staff of the petitioner at Pillaiyar Koil Street, Palarai Vinayagapuram Kulathoor, Madras searched his belonging in the presence of two witnesses and on examination, a cream colour zipper bag in his possession was identified, which contains brown colour powder substance, but however with the help of the test kit, it was tested which showed the presence of heroin, a narcotic drug under the Act with the weighment of 970 grams approximately. Accordingly, it was seized with its packing materials as detailed in the mahazar followed by two representative sample were drawn for chemical analysis. The above search was concluded at about 02.00 hours on 17.10.1993. On interrogation, the said Shanmugham gave all of his identities and details and as a follow-up action, his residence was also searched at the early hours of the same day, but nothing incriminating was seized.

(3.) As a part of evidence gathered and surveillance mounted on the same day, a person by name 5K. Anand the fourth accused in this case was found leaving the Central Station on arrival from New Delhi and the search made upon him by the petitioner resulted in the seizure of Indian currency to the extent of Rs. 29,000/- and some documents which were recovered under the cover of mahazar. Similarly, one B.K. Ashokan the second accused was also searched as well as room No. 206 of Sri Vishweshwara Bhavanam, 76, Millers Road, Madras and consequently, certain incriminating documents were seized under the cover of mahazar.