K C JAYA KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is filed against the judgment and sentence passed in S.C. No. 164 of 1994 on the file of Metropolitan Sessions Judge, Hyderabad. Following are the brief facts of the case :- The complainant is a public servant, working under Director General of Revenue, Division, New Delhi. He is authorised to register the case under N.D.P.S. Act, 1995. On 26-3-1994, at about 8 p.m. P.W. 1 on receiving information that some prohibited drugs were being transported in a car from the compound of Pearl Apartments, Shymalal Buildings, Begumpet, assembled along with other officers and panch witnesses at plot No. 2, L.I.C. Colony, Domalguda, and proceeded to Pearl Apartments, Shyamlal Buildings, Begumpet. They reached there at about 11 p.m. They noticed one blue colour Maruthi Car bearing No AP-9-E 1799, parked inside the compound of the Pearl Apartments. They noticed at about 1.30 a.m. the accused coming towards the car and taking out the keys of the car. He was stopped by the raid party and on their enquiry, the accused disclosed his name as K. C. Jayakumar. The dicky of the car was opened at the instance of P.W. 1. They found three wooden boxes. On asking, the accused revealed that the boxes contained some clothes meant for export. On opening the three wooden boxes, they found three tin boxes, one each in the three wooden boxes. (M.Os. 1 to 3). The tin boxes were marked as M.Os. 1-X, 2-X and 3-X. On removing the lids, they found polythene packets containing gray coloured round tablets. The tablets contained Swastik mark on one side and letter 'M' on the other side. One sample from each box i.e., M.Os 1-X,2-X and 3-X were drawn and sent for chemical analysis to Anna Laboratory, Himayatnagar. M.O-1X contained 33 packets, M.O-2X contained 33 packets and M.O-3X contained 15 packets. P.W. 4, who went with samples to Anna Laboratory, came with the report which showed that the samples contained Methagualone. The samples collected from M.O. 1X are marked as A-2, A-3 and A-4, the samples collected from M.O-2X are marked as B-2, B-3 and B-4 and the samples collected from M.O-3X are marked as C-2, C-3 and C-4. These samples are drawn in the presence of panchayatdars. They signed on the envelopes in which the samples were packed. Again, the samples were put in the tin boxes and were sealed. Thereafter, the raid party proceeded to the residence of the accused and conducted search of the residence. They did not find any incriminating material. P.W. 1 served summons, Ex. P-2 (copy) to the accused to appear before him in his office on the next day i.e., 27-3-94, at about 11 a.m. The Mahazar of the search and seizure is marked as Ex. P-3. On 27-3-94, at 11 a.m. the accused appeared before him (P.W. 1) and his statement was recorded under Section 67 of the N.D.P.S. Act. The accused admitted his guilt. He was arrested u/S. 43 of the N.D.P.S. Act on 27-3-1994, and was produced before the Court. The seized substance was deposited in the custodianship of the Collector of Customs and Central Excise, Godown, Hyderabad. On 28-3-1994, the samples i.e., A-4, B-4 and C-4 were sent to Forensic Science Laboratory, Hyderabad, for testing purpose. The report dt. 19-4-1994, proved the presence of Methaqualone, in the seized material. The evidence collected clearly established that the accused contravened Section 8(C) of the N.D.P.S. Act and Rule 64 of the N.D.P.S. Rules. Therefore he is liable for punishment under Section 22 of the N.D.P.S. Act, 1985.

(2.) On the above facts, the Lower Court framed charge under 22 r/w 8(c) of the N.D.P.S. Act. When the charge was read over, the accused denied the charge and claimed to be tried.

(3.) To prove their case, the prosecution examined P.Ws. 1 to 6 and marked Ex. P-1 to P-19 and also marked Ex. C-1 and M.Os. 1 to 32.