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2009 Supreme(SC) 1944

DALVEER BHANDARI, MUKUNDAKAM SHARMA
State by Inspector of Police, Narcotic Intelligence Bureau, Madurai, Tamil Nadu – Appellant
Versus
Rajangam – Respondent


ORDER :

Dalveer Bhandari, Mukundakam Sharma, JJ.

This appeal is directed against the judgment of the High Court of Madras dated 15th June, 2001 delivered in Criminal Appeal No. 523 of 1997.

2. Brief facts of the case in nutshell are as follows :

    Kalidasan, Sub Inspector of Police, P.W.4 received an information that the respondent (hereinafter referred to as the accused) was transporting contraband articles and that the accused could be caught with the contraband if he goes to the Nandhi Departmental Stores. This information received by P.W.4 was conveyed to his superior P.W.5, who was the Inspector of Police, Narcotic Intelligence Bureau during the relevant period. The said information given in writing is Ex.P.6. On the basis of the said information, P.W.5 met P.W.6 and appraised him of the said fact. Thereafter, PWs 4, 5 and 6 went to the said departmental store and arrested the accused. The accused was found in possession of a bag which contained the narcotic substance.

3. The accused was informed of his right under section 50 of the Act. Thereafter, the bag was searched and the officers found 5 Kgs. of opium in the said bag. After taking 10 grams of opium for sample, the remaining o

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