VASANTHA Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal is directed as against the judgment dated 06.12.2012 made in C.C.No.119 of 2007 on the file of the learned Sub Judge, I Additional Special Court under NDPS Act, Chennai, thereby convicting the appellant/accused for the offence under Sec. 8 (c) r/w. 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as "NDPS Act") as amended by Act 9/2001 and sentencing her to undergo seven months Rigorous Imprisonment and to pay a fine of Rs.5,000.00 in default to undergo Rigorous Imprisonment for one month.

(2.) The case of the prosecution is that on 22.04.2004 the Sub Inspector, NIBCID, Chennai, P.W.1 received information through his office telephone at about 13 hrs about illicit sale of Ganja by the appellant/accused at Muthalamman Koil Street, Malaimedu, Pallavaram, Chennai. P.W.1 recorded the information in Ex.P1 and submitted the same to his Superior Officer. P.W.5 John Joseph, Inspector of Police permitted him to proceed further in the case. Accordingly, P.W.1 along with his team members, the Head Constable along with necessary equipments went to the place of occurrence near the Bus Stop opposite to Chennai Collectorate at about 11.30 hrs and mounted surveillance. The informant identified the person who went to the said place of occurrence at about 12.00 hrs carrying white colour polythene bag in her hand. P.W.2, Arulkumar intercepted the appellant/accused and introduced himself and he explained to the appellant/accused about search notice Ex.P.2 under Sec. 50 of the NDPS Act, informing her of a right to be searched before Gazetted Officer or Magistrate, which the accused declined the offer and made no objection to be searched by P.W.1 himself. The accused had carried a white colour polythene bag and when the same was checked, it was found to contain Ganja. P.W.1 and his team recovered the Ganja and it was found to be 2 Kgs. Out of the total quantity, two samples of each 50 gms were taken and packed into two separate polythene covers and kept in khaki cover tied with thread and sealed with NIB seal (produced as M.O.1 and M.O.2). The remaining contraband after taking samples weihing 1.900 Kgs was produced as M.O.3.

(3.) The above contraband was seized under mahazar at 12.30 hrs, in the presence of Mahazar witnesses. The said Mahazar was marked as Ex.P.3, the voluntary confession statement of the accused was resolved by P.W.1 at about 1.00 p.m and she was arrested at 1.30 p.m under the arrest memo marked as Ex.P.4 on 02.04.2007 for the offences under Sec. 8 C r/w. 20(b) (2) (b) of NDPS Act of 1985 and FIR was marked as Ex.P.8. The accused and the seized contraband were sent along with a remand request to the learned Magistrate, who remanded the accused to judicial custody. The seized contraband and the samples were thereafter produced before the learned Sub Judge, First Additional Sub Court under NDPS Court, Chennai - 600 104, with a request to the Court to send one sample to the Tamil Nadu Forensic Science Laboratory for examination. P.W.5, Inspector of Police, completed investigation and filed charge sheet against the accused in C.C.No.119 of 2007 before the trial Court for the offences under Sec. 8 (c) r/w. 20 (b) (ii) (B) of NDPS Act 1985 as amended by Act 9/2001. On the appearance of the accused she was furnished with the copies under Sec. 202 of Code of Criminal Procedure. Therefore under section 8 (c) r/w. 20 (b) (ii) (B) of NDPS Act 1985 as amended by Act 9/2001 charges were framed against the accused and she pleaded not guilty and came before for trial.