RANGAN Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgement and conviction made by the learned Principal Special Judge, Special Court under EC & NDPS Act, Chennai by judgement dated 25.05.2012 made in C.C.No.52 of 2005,

(2.) The case of the prosecution is that, on 15.02.2004, at 3.30 a.m. the secret information received from the informant by the P.W.2, Sub Inspector of Police attached with respondent police station was recorded under Ex.P3. The information that the two accused persons were bringing the contraband (ganja) to a multi story building within the jurisdiction of the respondent police in a blue black colour Tata Sumo car without number plate, having been reduced into writing, was placed before the P.W.6, Investigating Officer, who, at 3.45 a.m. on seeing the said written information, has given permission to the P.W.2 and police party to rush to the spot and do the needful.

(3.) Accordingly, the police team headed by P.W.2, started leaving the police station at 4.00 a.m. and reached the spot around 4.30 a.m., when they mounted surveillance at Cementry Road and Club House Road, they found blue black colour Tata Sumo car was passing through, which was intercepted by the police team where, apart from the driver, another person was sitting. According to the prosecution, in that car, there is a plastic bag and the police team introduced themselves to the two persons travelling in that car and stated that, they had received secret information accordingly, the police team wanted to search the two persons and in this regard it is claimed by the prosecution that, the right of the accused persons under the NDPS Act tobe searched, if they desire, in front of the nearest Judicial Magistrate or Gazetted Officer, was informed to the two accused persons.