MEENA Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants herein are arrayed as A-1 to A-3 in C.C.No.62 of 2009 on the file of the learned Principal Special Court under EC & NDPS Act, Chennai. They stood charged for the offence under Section 8(c) r/w 20(b)(ii)(B) of The Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter referred to as "NDPS Act"]. The accused denied the charges and opted for trial. Therefore, they were put on trial on the charges. After full-fledged trial, the trial Court, found the appellants guilty of offence under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act. The appellants [A-1 to A-3] were accordingly convicted and sentenced to undergo 2 years rigorous imprisonment with a fine of Rs. 20,000/- each, in default to undergo three months rigorous imprisonment. Challenging the said conviction and sentence, the accused are before this Court with the present Criminal Appeal.

(2.) The case of the prosecution in brief, is as follows:-

(3.) After securing all the accused, P.W.1 informed to the suspected accused about the rights provided to the accused in regard to the search. Further, he gave option to the accused whether the search is in the presence of Magistrate or in the presence of Gazetted Officer, for which, all the accused told that they were already knowing the P.W.1, who is the Sub Inspector of Police, C-1 Flower Bazaar Police Station. Further, they stated for doing the search, the presence of Magistrate or Gazetted Officer is not necessary. Thereafter, since the people present in that area has refused to stand as witnesses to the search, P.W.1 directed the P.W.4 for conducting the search. Accordingly, P.W.4, conducted the search in the presence of P.W.1 and P.W.2. Further, recovered the contraband kept in black colour polythene bags in each of the accused under the cover of mahazar [Ex.P.3 to Ex.P.5]. During the time of said process, all the accused put their signatures on the seized materials. From the total weight of contraband, 25 grams of contraband were taken away and put it in a brown colour paper and the same were sealed. The remaining contraband after taking samples from the black colour polythene bags, were also sealed in a brown colour paper. After adopting all formalities, P.W.1 handed over the accused and the contraband before P.W.5 for further proceedings.