PALANIAMMAL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal appeal has been preferred by the sole accused Palaniammal who found guilty by the Special Court for NDPS Act cases, Chennai for offence under Section 8 (c) r/w. 20(b)(ii)(B) of NDPS Act for possessing 6 Kgs of Ganja without valid permit or licence. She was sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.5,000/- and in default to undergo further period of one month Rigorous Imprisonment.

(2.) The case of the prosecution is that Mr.Subramani, Head Constable attached to NIBCID, Chennai received a secret information through his informant on 07.09.2010 at about 11.00 hours that one Palaniammal aged about 35 years is likely to come near Chennai Central Railway Station between 12.00 and 1.00 hours with Ganja.

(3.) On receiving the said information, the said Subramani, Head Constable reduced the information into writing and submitted the same to his immediate superior Balamurugan, Inspector of police. After obtaining his permission, Subramani along with his team members proceeded to the spot, mentioned by the informant. At about 12.30 hours, the informant identified Palaniammal; She was carrying Rose colour bag. She was inspected and interrogated after explaining her right of exercising the option to search before the Magistrate or Gazetted Officer and ascertain that she is not inclined to exercise the said option. Subramani, Head Constable has recorded the same in writing and obtained the thumb impression of Palaniammal and proceeded to search the bag that she was carrying. Since the public person declined to stand as witness, Subramani and the Head Constable Mr.Velazhagan and a Woman Constable Mrs.Kavitha conducted the search of the bag. They found Ganja leaves and buds. The weight of the contraband found at 6 Kgs. From the bulk two samples, each 50 grams was drawn, tied and sealed with NIB Seal. The balance bulk quantity was separately packed and sealed. The contraband was seized under a Mahazar. The accused was arrested for possessing 6 Kgs of Ganja and brought to the police station. Under section 57 of the NDPS Act, a final report of seizure was submitted by Subramani to the Inspector of police. First information Report was recorded and the accused was remanded to prison. In the course of investigation, one of the sample packet was sent for chemical analysis. The Forensic Science Laboratory subjected the content of the sample packet for chemical analysis and found that it contains canabinoids which is a chemical name for Ganja.