P M SUNDARAM Vs. K DURAISWAMI

JUDGEMENT

(1.) THE appellant Sivakumar alias Kumar alias Sugukumar was tried in S. C. No. 13 of 1937 on the file of the IV Additional Sessions Judge, Madras, on four charges.

(2.) THE first charge was for an offence under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act 1985 (Act 61 of 1985), hereinafter referred to as the Act, in that he had possessed 40 gms. of heroin, a manufactured drug without any licence and also sold the said drug at the rate of Rs. 35 per gram, at 5. 30 p. m. , on 1st April, 1986, at the Frazer Bridge Road, opposite to the Madras Medical College College Men's Hostel. THE second charge was for an offence under Sec. 341, I. P. C. , for his having threatened, prevented and obstructed P. Ws. 2 and 3 in the course of the same transaction, by brandishing a knife. THE third charge related to his having committed theft of the purse of P. W. 2, which contained Rs. 102 by threat of force, while brandishing a knife, punishable under Sec. 392 read with Sec. 397, I. P. C. THE last charge was for an offence under Sec. 506 (2), I. P. C, in that he criminally intimidated P. W. 3 and one Jamaluddin by threatening to cause grievous hurt to them while abusing and preventing them from helping P. W. 2.

(3.) TO substantiate the prosecution case, P. Ws. 1 to 7 were examined, Exs. P1 to P6 were marked and M. Os. 1 to 8 were produced, Of the seven, witnesses, P. Ws. 1, 5 and 7 are police officials. P. W. 6 is the Court clerk while P. W. 2 is the buyer of the drug from the appellant and P. Ws. 3 and 4 are the persons who attempted to rescue P. W. 2 from the appellant.