INTELLIGENCE OFFICER Vs. KAMZA ZAKEEYA

JUDGEMENT

(1.) These Criminal Appeals were preferred by the Intelligence Officer, NCB against the order of acquittal passed by the learned Judge, Additional Special Court for NDPS Act cases, City Civil Court Buildings, Chennai made in C.C.Nos.74 and 75 of 1997 dated 27.05.2003 wherein the learned trial Court acquitted the accused concerned in both cases.

(2.) Brief case of the appellant/complainant is that: The case of the appellant is that based on the intelligence gathered by the officers of the Department, the following premises were searched and certain quantities of Heroin as shown hereunder were recovered i)21, Alagiri Street, MGR Nagar, Chennai - about 600 grams of Heroin, ii)1A Nancy street, Purswalkam, Chennai about 520 grams of Heroin and other documents iii)14, Krishnappan Mudali Street, Purusawalkam, Chennai - about 20 grams of Heroin, Indian currency Rs.25,000/- and other documents. Based on the material objects seized and the voluntary confessional statements given by Meera Mohiddin @ Wapa, Kamza Zakeeya @ Hamsa, S.M.Jahufar Sadiq, Syed Ibrahim, Mohamed Fathima and Jafar Ali, they were placed under arrest on 18.1.97 at 22.45 hrs, 22.30 hrs, 22.15 hrs, 23.45 hrs. 21.40 hrs and 21.30 hrs respectively and the details of which are narrated in the relevant Mahazars Exhibits P1 to P8. Investigation conducted so far reveals the involvement of the aforesaid persons in the offence of trafficking in Heroin. The accused were arrested and confessions were recorded following the procedures through Exhibits P10 to P12, P23 to P25 and P32 to 37. On further investigation PW 2 enquired witnesses Subramani, Venugopal and inspected the premises of the accused on 18.1.1997. PW6, the chemical expert received the parcels containing 4 samples from PW 1 and issued his report through Exhibit-P22 observing M.Os 3, 5 and 6. PW1 the investigating officer completed all his formalities and submitted the remaining samples before the trial Court on 14.4.1997 and filed the complaint against the accused for having committed a cognizable and non bailable offence namely, under section 8(c) read with 21, 23, 27(A) and 29 of the NDPS Act , 1985.

(3.) During the trial, the prosecution examined PWs-1 to 6 and Exhibits-P1 to P44 were marked and M.Os-1 to 4 were marked. No witnesses have been marked on the side of defense.