IMPORTANT POINT
Prosecution has to follow mandatory procedures during search and seizure of narcotic drugs and psychotropic substances.

JUDGMENT

This Criminal Appeal has been preferred as against the judgment of conviction passed by the I Additional Special Court for NDPS Act Cases, Madurai in C.C. No.91 of 2019, wherein the trial Court has convicted the accused for the offences under Section 8(c)r/w.20(b)(ii)(C)of NDPS Act and sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- in default to undergo six months simple imprisonment and acquitted the accused for the offence under Section 25 of the NDPS Act. As against the conviction the present appeal has been filed.

2. The case of prosecution is that on 30.09.2018at about 20.00 hrs when the Sub Inspector of Police and Head Constable of Intellectual Property Enforcement Wing Dingidul were working in Dindigul wing, P.W.3 received secret information from informer through phone. Immediately the same was recorded in the general diary and also informed to P.W.4, Inspector of Police, who is the superior officer. As per the instructions of the superior officer he formed a raiding party consisting of P.W.1, Special Sub-Inspector of Police, Head Constable and thereafter at about 03.00 p.m., they reached the spot and involved in the vehicle check up near Dindigul to Kumuli Road, Athur Pirivu and the informer identified vehicle Bolero Maxi Truck plus bearing Reg. No. GJ 19 U 0883 and the raiding party stopped the vehicle and enquired the accused. At that time the accused told that he do not know Tamil and his mother tongue is Hindi. Immediately P.W.2 who is well versed in Hindi had explained about the entitlement to be searched in the of presence Gazetted Officer or nearest Magistrate and the accused also gave consent for searching. Thereafter they seized vehicle and found two white polythene bags each weighing 30kgs of ganja. When P.W.2 enquired about the contraband the accused gave voluntarily confession statement and then they recovered ganja through mahazhar/Ex.P.2 in the presence of witnesses and thereafter they drawn two samples each containing 50gs from each bag and fixed NIBCID Seal on it and also packed the remaining ganga and thereafter arrested the accused and returned back to police station and registered First Information Report/Ex.P.6 for the offences under Sections 8(c)r/w.20(b)(ii)(C) and 25 of NDPS Act . Thereafter duly prepared report under Section 57/Ex.P.7 and sent to P.W.4 superior officer and the samples were sent to chemical analysis and the remaining ganja and photo of the vehicle were produced before the trial Court. P.W.4 conducted investigation, examined witnesses and then sent the contraband for chemical analysis and after obtaining chemical analysis report/Ex.P.11 he filed final report against the accused. Thereafter the trial Court framed charges under Section 8(c)r/w. 20(b)(ii)(C) and 25 of NDPS Act and the charges were read over and explained to the accused through translator and he denied the charges. Thereafter the trial Court examined P.W. 1 to P.W.5 and marked Ex.P.1 to Ex.P.11 and M.O.1 to 7.

3. After completion of evidence the trial Court had examined the accused under Section 313(1)(b) of Cr.P.C with regard to the incriminating circumstances as against the accused through translator and the accused denied the evidence. After analysing the oral and documentary evidence on both sides the trial Court had convicted the accused for the offences under Section 8(c)r/w.20(b)(ii)(C)of NDPS Act and sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- indefault to undergo six months simple imprisonment and acquitted the accused for the offence under Section 25 of the NDPS Act

4. As against the judgment and conviction passed by the trial court, the present appeal has been filed by the accused on the following grounds:—

(a) the judgment of the trial Court is against law, weight of evidence and probabilities of this case.

(b) the trial Court has erroneously convicted theappellant without appreciating the evidence avail