V.VASANTHA KUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed to set aside the impugned judgment in C.C.No.92 of 2020 dtd. 29/6/2022 on the file of the learned Principal Special Judge, EC and NDPS Court, Chennai.

(2.) The appellant/accused in C.C.No.92 of 2020 was convicted by the Trial Court by judgment dtd. 29/6/2022 and sentenced him to undergo twelve years imprisonment and to pay a fine of Rs.1,50,000.00, in default to undergo six months simple imprisonment for the offence under Sec. 8(c) r/w. 22(C) of Narcotic Drugs and Psychotropic Substances Act (NDPS Act), to undergo seven years imprisonment and to pay a fine of Rs.50,000.00, in default to undergo six months simple imprisonment for the offence under Sec. 8(c) r/w. 22(C) of NDPS Act and to undergo seven years imprisonment and to pay a fine of Rs.50,000.00, in default to undergo six months simple imprisonment for the offence under Sec. 29(1) of NDPS Act.

(3.) The case of the prosecution is that on 22/2/2020 at 3.00 a.m., the respondent received information that at about 6:30 P.M. three persons are going to come in two bikes bearing registration numbers, TN-13-M-0288 blue colour Dominor bike and Tn-05-AR-7670 black colour Pulsar bike and that they were in possession of MDMA tablets, LSD stamps, Methamphetamine and ganja for trafficking. Upon receiving this information, it was recorded and sent to the Deputy Superintendent of Police, Kanchipuram, who was in charge as per Sec. 42 of the NDPS Act, who reviewed the information and gave permission at about 5:15 P.M. Thereafter, the respondent police, along with their team and apparatus, reached the scene of the occurrence at about 6:30 P.M and and positioned near the NISSI Supermarket in Senthil Nagar, Kolathur. Two bikes arrived, in one bike two persons and in the other bike, one person was spotted. They were intercepted and questioned. The person riding the Pulsar bike was Vasantha Kumar/A1, the pillion rider was Nishanth Rayan/A2 and the person riding the Dominor bike was Balachandar/A3. Two public, namely, Karthik and Manivannan called as witnesses for the search, but they refused. Thereafter, in the presence of police personnel, Head Constable Manimaran and Sudhakar, the persons were enquired and they were informed about their right to be searched before a Magistrate or a gazetted officer, but they declined and agreed to be searched by the police party. In the presence of witnesses, A1 produced four zip-lock covers from his right pant pocket. In one zip lock cover, 22 blue-colored tablets, in the name of NASA found. Preliminary tests conducted, which turned positive for MDMA tablets, weighing 9.01 grams, again it was repacked and sealed. The second zip lock cover opened, in which 17 tablets in the name of "CALL SECURE" found, it was blue in color, which turned positive for MDMA weighing 6.99 gms, again the same was repacked and sealed. The third zip lock cover opened which contained 100 LSD stamps with smiley embossed and 100 stamps which were blue in color, in total 200 LSD stamps, weighing 3.56 gms found. Thereafter, it was repacked and sealed. In the fourth zip lock cover, a white stone like substance found, it tested positive for Methamphetamine, weighed around 20 gms, thereafter it was packed and sealed. All the substances were seized by 7:00 pm. Thereafter, the second accused was searched, who produced two zip lock covers from his right pant pocket. In one cover, 11 blue-colored tablets with TELEGRAM embossed found and it confirmed to MDMA, weighing 4.35 gms, which was repacked and sealed. In another zip lock cover, 50 nos. of LSD stamps with smiley marks found, which weighed 0.83 gms, the same was repacked and sealed. The third accused, Balachandar was enquired and from the petrol tank cover, he produced a polythene bag containing ganja, which was seized and repacked. The contrabands and two bikes seized. The accused were enquired who gave confessions confirming the possession and trafficking of narcotic substances. The search, seizure, and confessions all recorded at the scene of the occurrence, using the laptop of PW1 and printouts taken from the mobile printer. The accused, witnesses and the seizure officers all signed in the scene of occurrence. The accused arrested and the seized articles were taken to the police station and FIR registered. During the remand, the seized articles and the accused produced before the Magistrate, who directed the seized contrabands to be retained by the respondent police and to produce the same before the Special Court. Sec. 57 report sent to the Superior Officer and the seized contrabands were produced before the Special Court on 16/3/2020. Thereafter, the contrabands produced before the forensic laboratory. PW2 who was a witness to the occurrence and seizure taken the contrabands to the forensic lab. PW3, the Deputy Director of the forensic laboratory examined the contraband and gave a report, confirming that the contraband is of narcotic and psychotropic substances. PW4 took up further investigation, recorded the statements, and filed a charge sheet in this case. During trial, PW1 to PW4 were examined, Ex.P1 to Ex.P9 marked and MO1 to MO11 produced on the side of the prosecution. On the side of the defence, no witness examined and no documents marked. On conclusion of trial, the Trial Court convicted the appellant and other accused.