KARUPAYEE Vs. INSPECTOR OF POLICE NIB-CID CHENNAI

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 29.08.2013 passed in C.C.No.66 of 2007 by the learned Special Judge-II, Additional Special Court under NDPS Act, Chennai.

(2.) It is the case of the prosecution that Murugaiyan [P.W.2], Sub-Inspector of Police, received information on 10.06.2006 around 10.45 a.m. that one Karuppayee W/o Perumal will be bringing ganja for sale near Stanley Medical College Hospital in Old Jail Road. Murgaiyan [P.W.2] recorded the information in Ex.P.3 and after obtaining permission from the Inspector of Police, proceeded to the spot with a team of officials, including one Shoba Rani [PW.5] the Station Sweeper. The police party intercepted the accused and introduced themselves. Thereafter, they gave her written option [Ex.P.4] under Sec. 50 of the Narcotic Drugs and Psychotropic Substances Act [for short "the NDPS Act"] for being searched before a Gazetted Officer or a Magistrate, which offer was declined by the accused. The accused was found in possession of a white colour bag, which, on examination by the Officers, was found to contain 1.5 kgs of ganja. Murugaiyan [P.W.2] drew two samples of 50 gms. each and sealed the samples and the main contraband with NIB seal and prepared a Seizure Mahazar [Ex.P.5]. The accused was arrested vide Arrest Memo [Ex.P.6] and was taken to the Police Station, where, an FIR [Ex.P.8] was registered for an offence under Sec. 8(c) read with 20(b)(ii)(B) of the NDPS Act. A report under Sec. 57 of the NDPS Act [Ex.P.7] was submitted by Murugaiyan [P.W.2] to his official superior.

(3.) Investigation of the case was taken over by John Joseph [P.W.4], Inspector of Police, who sent the accused for remand along with the seized contraband. The Investigating Officer made a requisition [Ex.P.11] to the Special Court for NDPS Act Cases for sending the sample to the Tamil Nadu Forensic Science Laboratory for examination. The sample was tested by M.Sankar Kumar [P.W.1], Chemical Analyst, who, in his evidence and in his report [Ex.P.2] has stated that the sample was tested and it answered positive for ganja. John Joseph [P.W.4] recorded the statement of the witnesses and completed the investigation and filed the charge sheet before the Special Court for NDPS Act Cases in C.C.No.66 of 2007 for offences under Sections 8(c) read with 20(b)(ii)(B) of the NDPS Act.