PHILOMINA Vs. STATE

JUDGEMENT

(1.) The Accused in C.C.No.476 of 1996 on the file of Special Court for Essential Commodities Act and N.D.P.S. Act, Pudukottai is the Appellant. By the judgment dated 27.06.1997, the learned Special Judge has convicted the Accused under Sec.8(c) r/w 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act (for short, referred as N.D.P.S. Act) and sentenced her to undergo Rigorous Imprisonment for four years and also imposed fine of Rs.15,000/-.

(2.) Brief case of the prosecution: P.W.3 - Muthusamy is the Head Constable of NIB; CID, Trichy. On 20.11.1996 - 6.30 a.m., he received information that Accused Philomina and one Raphia were selling Ganja near Old Central Talkies, Trichy. That information was reduced into writing under Ex.P.3. Ex.P.3 was submitted to P.W.4 - Inspector of Police, who made endorsement authorising P.W.3 to conduct the raid with his party and report.

(3.) On being authorised, P.W.3 - Head Constable sent requisition to Trichy All Women Police Station for deputing a Woman Constable and also requisitioned Town Village Administrative Officer to accompany him for the raid. Since Town Village Administrative Officer was being preoccupied with other work (Distribution of free Dhoties and Sarees), he sent P.W.1 (Sekar) - Village Assistant to participate in the raid. P.W.2 (Indirani) - Grade I Woman Police Constable No.713 was authorised to go along with the raid party.