GLADIYA LILLY Vs. SUPERINTENDENT, NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) PETITIONER /accused No. 2 in C.C. 521 of 1998 on the file of learned Additional Sessions Judge and Special Judge for N.D.P.S. Act Cases, Madurai, has filed this petitioner under Section 482 of the Code of Criminal procedure to quash the proceedings so far as she is concerned.

(2.) THE case in brief is as follows: The petitioner has been charged for offences under sections 27 -A, 28, 29 of the N.D.P.S. Act and Section 120(b) and 193 of IPC and she is the second accused. Her husband is the first accused. Her husband Paulsamy was working as Superintendent, Central Excise, Madurai and she was working as Superintendent, Central excise, Thanjavur. It is alleged that she was indulging in drug trafficking. The 1st accused was in possession of 2 kgs. of heroin at his room No. 116, Thiruchendooran Mansion, Vasantha Nagar, Madurai. The room was searched on 8 -5 -1998 by the officers of Narcotic Control Bureau, South Zonal Unit, Chennai and 2 kgs. of hereon was seized under a mahazar in the presence of two witnesses. He was arrested on 8 -5 -1998 and produced before the court on 9 -5 -1998 and remanded to custody. Four samples were drawn at the time of seizure and analyst report was received, showing that the contraband was heroin, a narcotic drug covered under N.D.P.S. Act. During the course of investigation, it was revealed that accused 1 and 2 entered into criminal conspiracy in the month of May, 1998 with the object to procure narcotic drug and to transport and in pursuance of the conspiracy, accused No.1 was found in possession of 2 kgs. of heroin in his possession, which was seized by Narcotic Control Bureau Officials. The 2nd accused in order to screen the said offence of possession of hereoin seized in this case by arranging the recording of statements under section 164 Cr. P.C. of Sekar. Mani. Vivekandndhan. Karuppiah and Prabakar as an attempt to destroy the case of the prosecution and that she was fabricating false evidence for being used in Court and committed an offence under section 193 IPC. The 2nd accused is said to have financed for the transportation of the contraband from Madurai to her place and committed an offence under Section 27 -A of N.D.P.S. Act and other offences.

(3.) LEARNED counsel for the complainant raised a preliminary objection that the present application is not maintainable under law. The petitioner, who is accused No.2, has not appeared before the court from the inception and she has, been absconding and now nonbailable warrant is pending. She has not appeared before the court and received any copies under section 207 of the Code of Criminal Procedure and under the circumstance, she is not en~it1ed to invoke the inherent power of this court under section 482 of the Code of Criminal Procedure.