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K.A.ABDUL GAFOOR
Micheal Raj – Appellant
Versus
Intelligence Officer – Respondent


Counsel for the parties:
For the Appellant :Mr. Sasthamangalam S. Ajithkumar, Krishnadas P. Nair, K.L. Sreekala & Haridas P. Nair, Advocates.
For the Respondent: Mr. V.K. Mohanan, Spl. Public Prosecutor.

JUDGMENT

K.A. Abdul Gafoor, J.— The appellant is the accused No. 1 in S.C. No. 1082/01 on the file of Special Judge (N.D.P.S. Act) Thiruvananthapuram. There were altogether two accused. Accused No. 2 escaped from custody. He could not be found out. Therefore, the accused No. l alone faced trial. The offence alleged was one punishable under S.21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act’).

2. The prosecution case was that PW4, the Intelligence Officer of Narcotic Control Bureau got an information on 5.3.2001 at about 7 a.m. from an informant that two persons with certain drugs would be arriving in Thiruvanantha-puram bus stand in a Tamil Nadu Transport Corporation bus. Consequently, the information so received was written down by him and was communicated to his superior officer, PW5. PW5 with a written endorsement directed PW4 to proceed with the matter. Accordingly, PWs. 4 and 5 and other two officials along with the informant went to Thampanoor bus stand and was for the arrival of Tamil Nadu Transport Corporation bus indicated by the informant. When the bus came, the informant gave signal to PW4. He found out two persons. On

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