K R NAGAPPAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence rendered by the learned Special District and Sessions Judge, Madurai in C.C.No. 409 of 1995, dated 20-9-1995 against the appellant/accused for the offence under Section 8(c) read with 21 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) For better appreciation of the case on hand, the case of the prosecution needs narration, which is as follows: At or about 20.15 hours on 30-12-1994, near the bus stop situated on the western side of Madurai Pudhunathan Road, opposite to Ilaiyarani and Maharani theatrs, the appellant/accused herein, was found in possesion of 55 ampoules of TIDIGESIC, injection medicine, each ampoule containing 2 ml. with the contents of BUPRENORPHINE, a narcotic and psychotropic substance specified by the relevant Rule and the Act above referred. The value of the same would be about Rs. 550. When the appellant/ accused was intercepted by the respondent police at the above place and time, he was found with the above contraband without any licence or valid permit, kept in a brown colour bag marked under M.O.I, which consisted of the green colour box with all the 55 ampoules, which was recovered by the respondent after getting the written consent Ex.P-1 from the appellant that a search of his person was not necessary before any Gazetted Officer or the nearest Magistrate, but however, with the recovery mahazar Ex.P-2 prepared by the Inspector, attested by P.W.1 Mari and another by name Krishnan. The contraband, thus, recovered was wrapped with brown paper, tagged with twine and NIB seal was put attested by P.W.1 and another witness. After serving a copy of the recovery Mahazar to the appellant/accused, he was arrested brought to the Police Station and a case was registered, in NIB CID, Madurai Crime Number 152 of 1994 for the offence under Section 22 read with Section 8(c) of the Act. the contraband was seized as per the rules provided therefor. After recording the statements from the accused as well as the other witnesses, the case was registered as above referred and the FIR has been marked as Ex.P-7. It was followed by the Special Report Ex.P-8 sent by P.W.5 to the Deputy Superintendent of Police, Madras, as contemplated under Section 57 of the Act, on 30-12-1994. P.W.5 gave Ex.P-4 requisition to the Court to send the seized articles for chemical examination. P.W.2, the Assistant State Drugs Controller and other witnesses were examined. After obtaining the report of the Chemical Examiner, P.W.4, a final report against the appellant for the offence under Section 18 read with Section 8(c) of the Act was filed by P.W.5 before the trial Court.

(3.) P.W.1 is the attester for Ex.P-1 and Ex.P-2. P.W.2 Assistant State Drugs Controller speaks to the factum that the appellant/accused was given licence to carry on the medical shop under the name and style of Raja pharmacy till 31-12-1992 at Door No. 31, Pudhunathan Road, PalanisamyNagar, Madurai, and that thereafter the licence had not been renewed and to the said extent, he was examined by the respondent Police through his superior authorities. P.W.3 is the Head Clerk, attached to the trial Court, has spoken to the factum of receiving the materials object in this case under Form 95 along with the FIR and letter, and sending the same for chemical examination with the original of Ex.P-5, the office copy of the covering letter and the receipt of the Chemical Examiners Report Ex.P-6 P. W.4, the Chemical Examiner speak to the factum of the Chemical Analysis cond ucted by her over the material objects M.O.2 series. She would state that each ampoules of M.O.2 series bore the name medicine as BUPRENORPHINE Injection and TIDIGESIC and that the quantity of Buprenorphine was 0.3 milligram, and the Manufacturing Licence No. was noted as 14, the batch number was PRO 71 and date of manufacturere was August, 1994, with the manufacturers address as Tamil Nadu Dadha Phamaceuticals Limited, Dadha Nagar, Madras. Ex.P-6 is the report givenby her. According to her, M.O.2 series were found to contain Buprenorphine, which is derived from Opium alkaloid The baine. P.W.5, Inspector of Police, NIB CID, speaks to the factum of intercepting the appellant/accused on the relevant time and date, recovery of the contraband with all the procedure adopted by him in front of witnesses, preparation of the Mahazar, consent memo and the whole investigation done by him and ultimately laying the final report for the offence above referred against the appellant herein.