K V RAMASAMY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE appellant herein stands convicted by the trial Court for an offence under Section 8(c) r/w 20(b)(ii)(c) of the NDPS Act and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.1 lakh in default to undergo two years rigorous imprisonment. Aggrieved by the said conviction and sentence, the appellant herein preferred this criminal appeal.

(2.) THE case of the prosecution in brief is as follows: On 22.10.2002, at 9.00 p.m., P.W.2, Superintendent of Customs, Preventive Unit, Salem, received a telephonic information that the accused keeping and selling 'ganja' at Nambiyur and on raiding his house, he could see 'ganja' worth Rs.2 lakhs. P.W.2, received an information report Ex.P.14 and forwarded a copy of it to the Superior officer, Assistant Commissioner of customs. THEn P.W.2 went to the spot and the informant identified the accused keeping surveillance. On the next day on 23.10.2002 at 9.00a.m., he requested P.W.3 Gnanasekaran, Village Administrative Officer, Emmampoondi, and other other administrative officer, Subramaniam to stand as mahazar witness and entered into the house of the accused at 10.30a.m., which was situate at D.No,608/1, Kovai main road, Nambiyur. He went to the first floor of the house and he saw the accused and his wife being present in the house. On enquiry, the accused admitted that he was having ganja in a room in the house. P.W.2 also explained to the accused about the provisions of Sections 8(c) r/w 20(b)(ii)(c) of the NDPS Act and the accused told him that he could be searched by P.W.2 Officer himself. P.W.2 obtained the signature of the accused under Ex.P.7 in which the accused consented that he could be searched by P.W.2, Superintendent himself. P.W.2 on searching the house of the accused found 'Ganja' being spread on the floor of the bedroom of the house. Those 'Ganja' were filled up in two gunni bags and marked as G1 and G.2 and on weighing G.1 bag contained 12 kilograms and G.2 contained 12 Kilograms of Ganja. Two samples of each bags were taken in polythene bags and sealed. THE signature of the witnesses and also the signature of the accused also were obtained. THE Ganja bags were also sealed and the signature of the witnesses and the accused were obtained. Mahazar Ex.P.8 was prepared at about 12.15 for the seizure of the Ganja and in the mahazar, the signature of the witnesses and the accused were obtained. At the time of seizure wife of the accused was also present and her thumb impression was also obtained in the mahazar. THE Inspector of Customs Rajakrishnan recorded confession statement of the accused and the signature of the accused was obtained in the said recorded confession Ex.P.9. P.W.2 also signed in Ex.P.9. P.W.2 recorded a case in O.R.No,3 of 2002 against the accused for an offence under Section 8(c) r/w 2(b)(ii)(c) of the NDPS Act. THE accused was arrested at about 1.00p.m. THE accused also sent for remand and the properties were sent to the court under Form-95. THE properties being returned by the Court and they were kept in the Court. He also gave a requisition to the Court for sending the samples for chemical analysis. P.W.1 chemical analyst on analysing both the samples marked as G1S1 and G2S1 each weighing 55.2 grams and 49.2 grams respectively. On analysing the samples, P.W.1 found that the samples contained cannabis (Ganja) and issued certificate Ex.P.1.

(3.) MR. R. Gandhi, learned Senior Counsel appearing for the appellant submitted that while the accused was in his house, he was forcibly taken by the customs authority and a case has been foisted against him and the trial Court had erred in disbelieving the evidence of D.W.1 and further submitted that the evidence of P.W.2 is not corroborated by the evidence of any of the respectable witnesses from the same locality and P.W.2 has failed to take any neighbour as a witness for the alleged seizure as required under Section 100 Cr.P.C.