MADAN Vs. STATE

JUDGEMENT

(1.) These appeals are filed as against the judgment dated 14.11.2011 in C.C.No.38 of 2009 on the file of the learned Principal Special Judge, Special Court under EC & NDPS Act, Chennai, thereby convicting and sentencing the appellants to undergo one year rigorous imprisonment and to pay a fine of Rs. 2,000/- in default to undergo three months simple imprisonment under Section 8(c) r/w Section 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 on 11.08.2008, when P.W.1 was working as the Sub Inspector of Police in Pookadai Police Station, she received a secrete information from the informant that the accused persons were selling Ganja near Muthusamy Road, Dr.Ambedhkar railway over bridge and recorded the information in Ex.P.1 and submitted the same to P.W.5, the Inspector of Police. P.W.5 permitted her to proceed further with the case. Accordingly, P.W.1 along with her team went to the spot and found that the accused persons were selling Ganja and they caught hold them. P.W.1 issued search notice vide Ex.P.2, under Section 50(1) of NDPS Act, informing them of their right to search before the Gazetted Officer or before the Magistrate, to which the accused declined replied that it was not necessary and gave their consent that they could be searched by P.W.1 herself.

(3.) Thereafter, the first accused was searched and it was found to contain Ganja weighing to be 1Kg 500 grams. P.W.1 drew 200 grams of ganja and kept the sample in a kaki colour paper and sealed it. The remaining main contraband sealed in another kaki colour paper and sealed it after getting signature from the first accused and the witnesses. It was seized under mahazar Ex.P. The second accused was searched and it was found to contain ganja weighing to be 1 Kg 150 grams, in which 200 grams of ganja was drew as sample and sealed in a kaki colour paper. The remaining main contraband was sealed in kaki colour paper cover with the signature of the second accused and the witnesses. It was seized under the mahazar Ex.P.4. The third accused was searched and it was found to contain ganja weighing 1Kg 100 grams, in which P.W.1 drew a sample of 100 grams of ganja and kept the sample in kaki colour paper cover and sealed it. The remaining main contraband was also sealed in the same colour paper with the signature of the third accused and witnesses. It was seized under Mahazar Ex.P.5.