RATHINAM S/O KARUPU THEVAN Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred as against the judgment dated 25.11.2011 made in C.C.No.222 of 2003 on the file of the learned Principal Session Judge, Special Court under EC & NDPS Act Cases, Chennai thereby convicting the appellant and sentenced him to undergo two years rigorous imprisonment and fine of Rs. 5,000/- in default three months simple imprisonment for the offence under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as "NDPS Act").

(2.) The case of the prosecution is that P.W.3, the Sub Inspector of Police, Amenjikarai Police Station received an information on 201.2003 at about 6.00 p.m., regarding the possession of ganja in a bag with wooden handle by the accused for the purpose of selling the contraband and he was at Door No.13, 21st Street, NSK Nagar. P.W.3 recorded the information and placed the same before the Inspector of Police, P.W.4 to grant permission to investigate the case. P.W.4 perused the same and granted permission. Thereafter, P.W.3, the Sub Inspector of Police accompanied with Natarajan and Krishnadass, Head Constables proceeded to the place and reached there at about 6.40 p.m.

(3.) The Informant identified the appellant, who was having the bag with wooden handle. Then P.W.3, along with his party surrounded the appellant and introduced themselves and enquired with the appellant. P.W.3 informed about the right of the appellant, in respect of the search before the Magistrate or the Gazetted Officer, to which the appellant replied that it was not necessary and consenting that he can be searched by P.W.3 himself. P.W.3 requested one Ramu and Mohammed Ibrahim to stand as witnesses. But they refused to stand as witnesses and they have only gave their names. Thereafter P.W.3 made the Head Constables Natarajan and Krishnadass as witnesses and prepared the search notice Ex.P.1 in the presence of the witnesses and the accused. The accused himself handed over the bag and found two bundles containing ganja weighing 2 Kg each. P.W.3 took sample of 50 grams each and sealed the samples and the remaining main contraband weighing total 3Kg 900gr sealed separately. It was seized under mahazar Ex.P.2 and then P.W.3 arrested the accused at 8.15 p.m., and prepared the inspection memo Ex.P.6.