JOHN EUGENE BRENNAN IRISH NATIONAL TOURIST Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the conviction of the accused/appellant for the offence under Section 8 (c) read with Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substance Act, thereby sentencing him to undergo rigorous imprisonment for a period of ten years and also to pay a fine of Rs. 1,00,000, rendered by the learned Special District and Sessions Judge, Madurai for N. D. P. S. Cases in C. C. No. 292 of 1994 on 3. 10. 1994.

(2.) MR. John Eugene Brennan, an Irish National, who had come over to India as tourist under the valid travel documents, was found standing near the Bus Stand at Kodaikanal Town at about 18. 00 hours on 31. 5. 1994 and on seeing the Police party led by the Inspector of Police, kodaikanal, he had a sudden swerve and attempted to board the nearby parked transport bus, however, stumbled down and sustained injury on his leg. He was over powered by the Inspector of Police and his party. The belongings of the appellant were searched and on doing so, it was claimed that he had voluntarily taken out a paper packet from his dress and produced before the Inspector. It was found that the package made of polythene contained about 100 grams of liquid Has-hish, a narcotic substance under the Act the possession of which without any valid permit or licence since amounts to an offence under the Act, it was seized under the cover of a mahazar Ex. P1 attested by P. W. 2 and another, by P. W. 6 Inspector. The appellant was arrested and he was sent to the government Hospital, Kodaikanal for the injury sustained by him, where P. W. 5, the Doctor attached to the said hospital noted down an injury, namely, a contusion of 8 x 8 cms in size over the right ankle joint. But however, the doctor referred the patient to the Government Rajaji Hospital, Madurai for further treatment, as there were no adequate facilities available for his treatment. Ex. P5 is the copy of the Accident Register dated 31. 5. 1994 given by P. W. 5. After the treatment at the Hospital at Madurai, it was found that there are two fractures in both the legs of the appellant. Since he was not completely cured, by obtaining the order of this Court, he had the treatment in Vijaya Hospital, provided by Dr. Mohandoss, the famous Orthopaedist, at his own cost and to this extent the Doctor above referred to appears to have given a certificate with the opinion, which the appellant wants to produce the same as additional evidence by filing a separate petition above referred to.

(3.) SINCE the accused has not paid the fine, he was not enlarged on bail on suspending the sentence awarded against him and is behind the bars, the appeal is taken up, heard and disposed of on merits.