DURGALAL Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the complaint filed by the respondent and taken on file by the I Additional Special Court for NDPS and EC Act Cases, Chennai in Split C.C. No. 198 of 2018 in LPC No. 422 of 2014 in Split C.C. No. 137 of 2014 in C.C. No. 320 of 2002 in NCB F. No. 48/1/6/2002-NCB-MDS.

(2.) The respondent filed a complaint in C.C.No.320 of 2002, as against four accused persons for an offence under Section 8(C) r/w Sections 21, 23, 25 27A, 28 and 29 of the N.D.P.S.Act, 1985 as amended in 2001. The case was split up as against this petitioner and the petitioner was arrayed as A&7 in C.C.No.137 of 2004. NBW was issued against the absconding accused in Split C.C.No. 137 of 2004 and was kept pending in LPC No. 42 of 2014 dated 27.02.2014. On execution of NBW the petitioner was arrested and was produced before the I Additional Special Court for NDPS Act Cases at Chennai.

(3.) The case of the prosecution is that based on information the respondent on 24.04.2002 at 10 a.m mounted survelillance at 166/112, G.N.T.Road, Mahdavaram, Chennai int he presence of independent witnesses had seized lorry bearing No.MP 09 KA 6161, Blue Colour Ford Car bearing No. TN02 E 4298 and 43.105 kgs of heroin from the possession of Ajay Ramu Patel @ Ajay Bhai, Govardan Goswamy @ Raju, Bairav Sigh and Shiyam Bhiari. The Officers Based on the information given by Ajay Ramu Patel @ Ajay Bhai proceeded to May Fair Apartment, 1st Floor No.2, Mandapam Street, Kilpauk, Chennai-10 and seized 6.365 kgs of heroin in the presence and possession of Mohamed Fazily Razik @ Faily. These Four persons were arrested by the respondent and under went trial in C.C.No.320 of 2002, and they were convicted by a judgment dated 31.10.2008 The conviction was later confirmed by this Court in C.A. No. 743 of 2014. The respondent based on the confession statement of the accused arrested, implicated 5 others including the petitioner after completing the investigation filed the complaint against 10 accused showing 6 to 10 accused as absconding accused.