PRAKASH Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 19.02.2014 passed by the Special Judge, I (Additional Special Court under NDPS Act), Chennai 104 in C.C.No.28 of 2010 convicting the appellant for the alleged offence under Section 8(c) r/w 18(c) of the Narcotic Drugs and Psychotropic Substances Act (for short “the NDPS Act“) and sentencing him to undergo rigorous imprisonment for 6 months and fine of Rs.20,000/~, in default to undergo further R.I. for one month.

(2.) On 17.09.2009 around 12.00 noon, when Gnanaraj [P.W.1], the Inspector of Police NIB CID was in his office, he received information by phone from his informant that, one Prakash of Thiruvotriyur is transporting abin (opium) by Bajaj Discover motor cycle bearing Registration No.TN~21~AC~2416 and that he will be coming to the banyan tree bus stand on Thiruvallur Road in Red Hills. The informant came forward to identify Prakash. Gnanaraj [P.W.1] recorded the information vide Ex.P.1 and submitted the same to the Deputy Superintendent of Police, NIB CID and proceeded to the spot with the police party comprising Durai Kalaiselvan [P.W.3], Krishnan [P.W.4] and waited. Around 3.30 p.m., Prakash came in Bajaj Discover motorcycle bearing Registration No.TN~21~AC~2416 and on identification by the informant, he was intercepted and questioned. On personal search, the police recovered 1 kg. and 50 gms. of opium under the cover of Mahazar [Ex.P.3] and samples were drawn on the spot. Prakash was arrested and brought to the NIB station.

(3.) To prove the case, the prosecution examined 6 witnesses, marked 14 exhibits and 4 material objects. When the accused was questioned under Section 313 Cr.P.C. about the incriminating circumstances appearing against him, he denied the same. No witness was examined on behalf of the accused nor was any document marked.