LAWS(MAD)-1996-3-83

JESUDOSS Vs. STATE

Decided On March 26, 1996
JESUDOSS Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) ON behalf of the prosecution 3 witnesses were examined, 7 exhibits were filed and two M. Os. were marked.

(2.) THE short facts leading to the prosecution are as follows: P. W. 2 Mahalingam is the Superintendent of Customs. On 30. 9. 1986 night, P. W. 2, along with his party was conducting vehicular check up in Madurai Ramanathapuram road at about 00. 16 hours (midnight ). At that time, they saw a bus belonging to Marudhupandiyan Transport Corporation, coming from ramanathapuram towards Madurai . P. W. 2 stopped the bus and conducted search on 25 passengers, who were found in the bus. One of the passengers was the appellant. P. W. 3 Pitchai was the conductor. When the appellant was searched, he was found with an Air bag. On suspicion, P. W. 2 got the bag and opened it and found the accused/ appellant was carrying heroin and morphine powder weighing about 90 grams in a plastic bag. THE contraband was seized from the appellant under Ex. P-2 mahazar, attested by p. W. 3, the Conductor and also by the driver of the bus. THEn, P. W. 2 took the appellant to the Customs Office at Madurai, where the appellant gave a voluntary confession Ex. P-3, which was also attested by P. W. 3 and others. THEreafter the accused was arrested and sent for remand.

(3.) I have gone through the entire records the evidence adduced by the prosecution witnesses and the judgment of the court below. P. W. 2 is the Superintendent of Customs and the Head of the Preventive Section at madurai. On 30. 9. 1986 at about 00. 15 hours, midnight he stopped the bus, which was coming from Ramanathapuram to Madurai and searched the passengers. On suspicion, when one of the passengers, the appellant was searched, he was found to be in possession of an air bag. When it was opened, P. W. 2 found therein a plastic bag, containing contraband of heroine and morphine powder, approximately weighing about 90 grams. Thereafter, the appellant was taken to customs Office at Madurai. After seizure, the appellant himself gave a confessional statement, Ex. P-3 to P. W. 2, in which he admitted having been found in possession of contraband. Subsequently, it was weighed and found that the weight was 90 grams, for which Ex. P-4 mahazar was prepared. After the arrest of the accused he was sent for remand. P. W. 2 sent Ex. P-5 report to his superior officer, P. W. 1. Besides this, he also sent the sample of one packet to the chemical Examiner attached to the Customs Office, Madras along with Ex. P-6 requisition. Ex. P-7 is the chemical analysis report, which would disclose that m. O. I powder was found to be morphine and heroin. According to P. W. 2, he is empowered to search and seize the contraband connected with these offences under under Act 61 of 1985.