VASU Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment of conviction dated 31.12.2012 made in C.C.No.125 of 2007 by the learned I Additional Special Judge for NDPS Act, Chennai.

(2.) According to prosecution, while P.W.2, the Sub Inspector of Police,NIB CID, Chennai, was on duty, had received information about the illicit sale of Ganja by the accused. Immediately, P.W.2 had reduced the same into writing and submitted before his immediate higher officer, P.W.4/the Inspector of Police and obtained permission to proceed further. Thereafter P.W.2 proceeded with his team to the place of occurrence and identified the accused through informer. The accused came with white color polythene bag, which had been kept in his hand. The accused was informed about his right to be searched either before the Gazetted Officer or before the Magistrate and enlightened about Section 50(1) of the NDPS Act, through Ex.P4 Notice, wherein the appellant/accused signed and refused to accept the offer and stated that the officer/P.W.2 himself can made search. Thereafter, P.W.2 called some of the persons, who were available at the place, since they had refused to stood as witness for the search to be made, P.W.2 searched the accused before two witnesses, who were accompanied with him and recovered contrabands i.e. 3 Kgs of Ganja.

(3.) P.W.2 had taken out samples M.O.1 & M.O.2 50 grams each and M.O.3 bulk Ganja, packed in brown cover, tied and sealed and obtained signatures of accused and witnesses. Thereafter, prepared recovery Mahazar Ex.P5 and issued arrest memo Ex.P6 and after coming to the Police Station, P.W.2 had prepared FIR and Ex.P.9 Form 95 and entrusted all the above to the P.W.4, the Inspector of Police. P.W.4, the Inspector of Police after receiving Ex.P7/Report from P.W.2, since the accused had no valid license or any permission for possession of 3 Kgs of contraband, had registered a case in Crime No.55 of 2007 against the appellant/accused under Sections 8 (c) r/w 20 (b) (ii) (B) of NDPS Act, 1985, and the same was forwarded to the learned Magistrate and thereafter transferred to the learned Special Judge, I Additional Special Court under NDPS Act, Chennai. After investigation, the respondent filed a final report before the special court, which was taken on file in C.C.No.125 of 2007.