LAWS(MAD)-2019-1-74

SANJEEVI Vs. STATE BY INSPECTOR OF POLICE

Decided On January 03, 2019
SANJEEVI Appellant
V/S
STATE BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The appellant was tried for the offence u/s 4 (1) (aaa), 4 (1-A) of TNP Act and u/s 468, 471 and 476 IPC in S.C. No.335/05 on the file of the Addl. Sessions Judge, Chennai @ Poonamallee. On being found guilty, the appellant was convicted and sentenced as under :-

(2.) The facts, in brief, is stated hereunder for better appreciation of the matter :-

(3.) P.W.8, the investigating officer, seized all the above items and while destroying all the illicit items as per procedure contemplated, before such destruction, collected samples from the above. 5 packets of arrack out of the 2000 packets, which was sealed in two packets and 500 ml., of arrack in two bottles from the white container were taken as samples for the purpose of forensic analysis under the mahazar, Ex.P-30. The rest of the arrack were destroyed under destruction mahazar, Ex.P-31. Thereafter, the accused, along with the samples collected, was brought to the police station and a case in Crime No.37/2003 was registered and FIR, Ex.P-32 was prepared. P.W.8 also prepared observation mahazar, Ex.P-34, which was attested by P.W.4. Ex.P-33, rough sketch was also prepared by P.W.8. Statements were recorded from P.W.2 and the other members of the search party. The accused was remanded to judicial custody on 12.5.03. The case properties were sent to the court. The samples collected, viz., the two packets of arrack, containing the 5 sachets, viz., M.O.s 1 and 2 and the two 500 ml., bottles of arrack, viz., M.O.s 3 and 4 were sent for forensic analysis.