K RANJITHKUMAR Vs. INSPECTOR OF POLICE NIBCID, CHENNAI

JUDGEMENT

(1.) This Criminal Appeal has been filed against the Judgment and conviction made by the I Additional Special Court for NDPS Act, Chennai, dated 18.05.2012 made in C.C.No.292 of 2004.

(2.) The case of the prosecution is that, on 23.05.2003 at 7.30 a.m, while the P.W.2 was working as Sub Inspector in NIB CID, Chennai, when he was at the station, he received a secret information from the informer over phone that, one Ranjithkumar, s/o.Kanniyan (A1) at No.55, Bajanai Koil Street, Kalyanapuram, Ambattur, Chennai - 53 and one Nidhi @ Nidhichezian, s/o.Subramani (A2) residing at No.53, Bajanai Koil Street, Kalyanapuram, Chennai - 53 were going to involve in illicit sale of ganja between 8.00 hours and 10.30 hours near Layola College bus stop, Nungambakkam, Chennai - 34. The said information received by the P.W.2 was reduced into writing and the same was placed before the then Inspector of Police, who was the Investigating Officer on the said date, who has accorded permission to the police team headed by P.W.2 to rush to the spot and to take action in accordance with law.

(3.) The P.W.2 along with the police team consisting of Head Constables and police constables as well as two women police constables reached the spot at about 8.30 a.m, and when they mounted the surveillance at that area, two persons came nearer to the place who were identified by the informer. Immediately the police team moved to nab them. On seeing the police team, one among the two after leaving the plastic bag he was holding at his hand, fled the place and the other man was caught by the police team. After divulging the identity of the police team, the P.W.2 informed the A1, who was caught, that they had an information to suspect that, he was to indulge in illicit sale of ganja and therefore he had to be searched and in this regard, he has every right to demand that, such search had to be undertaken in front of the nearby Magistrate or a Gazetted Officer and when the same was informed and his convenience was requested, the A1 had replied stating that, no need to take him to the Judicial Magistrate or the Gazetted Officer and he can be searched by the P.W.2 himself, who is known to him as Sub Inspector of Police.