MOHANDOSS Vs. INSPECTOR OF POLICE TIRUCHIRAPALLI

JUDGEMENT

(1.) THE Order of the Court is as follows :- Of the prosecution case is that the accused was found in possession of Poppy Straw known as "Posca Pattai", a narcotic drug valued at Rs. 6, 000/-, without any valid licence or permit and thus, he is guilty under Section 8(c) read with Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) TO substantiate the case of the prosecution, on the side of the prosecution, four witnesses were examined as P.Ws. 1 to 4 and Exs. P1 to P12 and M.Os. 1 to 6 were marked. The Special Judge, for Essential Commodities Cases at Pudukottai, by his Judgment dated 11-3-1996, found the accused guilty and sentenced him to undergo imprisonment for a period of 10 years and also directed that he should pay a fine of Rs. 1, 00, 000/-. Aggrieved by the said convicted and sentence, this appeal is preferred by the accused.

(3.) HERE, the information is said to have been . received at 7-15 pm. The search was made at 8-15 pm. Admittedly the Officer, who conducted the search, was not fortified with any warrant or authorisation. It has to be seen whether the Officer viz., P.W. 14 had complied with the mandatory provisions of the Act. The Act provides under Section 15 for a term of imprisonment which shall not be less than 10 years and which may extend to 20 years and also further provides that the offender shall also be liable to fine which shall not be less than Rs. 1, 00, 000/-. Thus, the Act provides for a heavy punishment. Therefore, the Framers of the Act thought it necessary to lay down certain procedural safeguard so that the tendency to implicate innocent people may be put an end to. With that object, Sections 42, 50 and 57 of the Act have been incorporated in this Act. By merely stating that they have received some information, the officer concerned cannot simply go and inspect the place. It is necessary for him to record the source of information and gist of the information received by him and sent a report of the same to the higher authorities. Further, if he wants to make search without authorisation and warrant, and when he makes search after sunset and before sunrise, the Act provides that the Officer concerned shall forthwith send a copy thereof of his immediate official superior, recording the grounds for his belief.