MARIANAYAGAM Vs. STATE

JUDGEMENT

(1.) THE appellant/accused preferred this appeal against the conviction and sentence passed by the Principal Sessions Judge, City Civil Court, Madras in Sessions Case No. 135 of 1987 on 5.2.1988.

(2.) THE brief facts of the Prosecution are as follows: On 14.8.1987 the accused had a plastic bag in his hand going along Nethaji Subash Chandrabose Road, Madras City. P.W.1 George was the Preventive Officer in the Madras Customs Department. He found the appellant/accused in front of "Ninan's Restaur rant" in Nethaji Subash Chandrabose Road, Madras, at about 11 a.m. on 14.8.1987. P.W.1, George suspected the appellant/ accused and then he took him to the Customs House for interrogation. At the Customs House, he searched the bag of the accused in the presence of P.W.3 Varadhan, Superintendent of Customs at Madras and P.W.4 Krishnadass. Consequent to this search of the bag of the accused, P.W.1 George found inside a polythene bag marked as M.O.1, and the polythene bag contained brown colour powder which was brown sugar and which is a narcotic substance. THEreupon the same was seized by P.W.1 George under the mahazar dated 14.8.1987 marked as Ex.P-1, which was written by another Preventive Officer of the Customs House at Madras examined as P.W.6 Sinha, and the said mahazar was attested by P.W.3 Varadhan, Superintendent of Customs at Madras and P.W.4 Krishnadass. P.W.5 Ethirajan was another Preventive Officer of the Customs House at Madras and he recorded the statement of the accused dated 14.8.1987 marked as Ex.P-8 in this case. On the next day, i.e., on 15.8.1987, the appellant/ accused was arrested under the Arrest Memo marked as Ex.P-2 in this case and the accused was produced before the Magistrate on the same day, i.e., on 15.8.1987. THEn on 24.8.1987, a requisition was made to the Court for drawing the sample from M.O.1 and for sending the same for chemical analysis, and the said requisition of the Prosecution is marked as Ex.P-4 in this case. THEre upon a sample was taken from M.O.1 in the open Court and the same was sent to the Forensic Laboratory for chemical analysis, along with the letter of the Court dated 7.9.1987 marked as Ex.P-6 in this case. P.W.2 Lakshmanaswamy is the Scientific Assistant in Tamil Nadu Forensic Science Laboratory. On analysis, P.W.2 Lakshmanaswamy found that the sample contained diacetylmorphine and phenubarbital. Ex.P-7 is the report of the Chemical Examiner dated 24.9.1987. THEreupon the Assistant Collector of Customs (Prosecution) Preventive Department, Madras preferred the complaint against the appellant/ accused before the lower court.

(3.) POINT: The Prosecution case is that on 44.8.1987 at about 11 a.m., while the appellant/ accused was going along Nethaji Subash Chandrabose Road at Madras with a bag in his hand, he was intercepted by the Preventive Officer of Madras Customs Department examined as P.W. 1 George, and the appellant/ accused did not answer properly, and so he was taken to the Customs House where he was interrogated, and later his bag was searched, and a polythene bag marked as M.O.1 was found inside, and the said polythene bag contained brown sugar. Then the appellant/ accused gave a statement under Ex.P-8 and on the next day he was arrested and produced before the Magistrate. In support of the above Prosecution case, seven witnesses were examined and eight documents were marked. P.W.1 George speaks to the seizure of contraband goods, the arrest of the accused and then his remand later before the Magistrate. P.W.3 Varadhan and P.W.4 Krishnadoss attested the mahazar dated 14.8.1987 marked as Ex.P-1 for the seizure of the bag of brown sugar marked as M.O.1. P.W.5 Ethirajan recorded the confession statement of the accused on 14.8.1987 marked as P-8. P.W.6, Sinha is the Preventive Officer of the same Customs Department, who wrote the mahazar under Ex.P-1, and he speaks to the signature of the Assistant Collector of Customs, who lodged the complaint in this case. P.W.7 Subramaniam is the Property Clerk of the Court of Additional Chief Metropolitan Magistrate (E.O.II) Court, Madras 8. P.W.2 Lakshmanasamy is the Scientific Officer of Tamil Nadu Forensic Science Laboratory at Madras, who analysed the sample taken from M.O.1 and gave the chemical analysis report on 24.9.1987 marked as Ex.P-7 in this case.