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2004 Supreme(Mad) 293
High Court of Judicature at Madras
THE HONOURABLE MRS. JUSTICE R. BANUMATHI
Philomina - Appellant
Versus
State by Inspector of Police - Respondents
CRL.APPEAL No.505 of 1997
Decided On : 26 February 2004
The main legal point established in the judgment is the importance of compliance with mandatory requirements under the N.D.P.S. Act and the reliance on reliable evidence to establish the possession of contraband.
Headnote:
Narcotic Drugs and Psychotropic Substances Act - Compliance of Sec.42(1), Sec.42(2), Sec.50, Sec.52(1), and Sec.57 - The judgment confirms the conviction of the Appellant under Sec.8(c) r/w 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act and modifies the sentence to the period already undergone and an additional fine of Rs.10,000.
Fact of the Case:
The prosecution's case involved the arrest and seizure of Ganja from the Accused. The defense denied the charges, claiming the documents were prepared in the office of NIB; CID, Trichy.
Finding of the Court:
The court found the evidence of the prosecution witnesses to be reliable and accepted the compliance of mandatory requirements under the N.D.P.S. Act. The defense's version was rejected, and the conviction of the Accused was confirmed.
Issues: The main issue was whether the mandatory requirements under the N.D.P.S. Act were complied with and whether the conviction of the Appellant suffered from any infirmity warranting interference.
Ratio Decidendi: The court emphasized the compliance of Sec.42(1), Sec.42(2), Sec.50, Sec.52(1), and Sec.57 of the N.D.P.S. Act, and the reliability of the prosecution's evidence in establishing the possession of the contraband by the Accused.
Final Decision: The judgment confirmed the conviction of the Appellant under Sec.8(c) r/w 20(b)(i) of the N.D.P.S. Act and modified the sentence to the period already undergone and an additional fine of Rs.10,000.
The Accused in C.C.No.476 of 1996 on the file of Special Court for Essential Commodities Act and N.D.P.S. Act, Pudukottai is the Appellant. By the judgment dated 27.06.1997, the learned Special Judge has convicted the Accused under Sec.8(c) r/w 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act (for short, referred as N.D.P.S. Act) and sentenced her to undergo Rigorous Imprisonment for four years and also imposed fine of Rs.15,000/-.
2. Brief case of the prosecution: P.W.3 - Muthusamy is the Head Constable of NIB; CID, Trichy. On 20.11.1996 - 6.30 a.m., he received information that Accused Philomina and one Raphia were selling Ganja near Old Central Talkies, Trichy. That information was reduced into writing under Ex.P.3. Ex.P.3 was submitted to P.W.4 - Inspector of Police, who made endorsement authorising P.W.3 to conduct the raid with his party and report.
3. On being authorised, P.W.3 - Head Constable sent requisition to Trichy All Women Police Station for deputing a Woman Constable and also requisitioned Town Village Administrative Officer to accompany him for the raid. Since Town Village Administrative Officer was being preoccupied with other work (Distribution of free Dhoties and Sarees), he sent P.W.1 (Sekar) - Village Assistant to participate in the raid. P.W.2 (Indirani) - Grade I Woman Police Constable No.713 was authorised to go along with the raid party.
4. On 20.11.1996 - 7.30 a.m., P.W.3 and his party were keeping watch near Central Talkies, Trichy. At about 8.00 a.m., the Accused Philomina and the said Raphia came along with a Bag in their hands. The Informant identified them. P.W.3 questioned the women disclosing his identity. The Accused told their names and stated that they have kept Ganja in their Bags. On being called, independent persons were not forthcoming to be witnesses. Therefore, P.W.3 informed the Accused and Raphia about his proposal to search them. At that time, P.W.3 also informed the Accused about her right to be searched before the Gazetted Officer or the Judicial Magistrate. Declining the offer, the Accused - Philomina stated that they themselves (P.W.1 and his party) could conduct the search. But, she refused to sign in the Report (Ex.P.2) which was prepared to that effect. Accused Raphia affixed her Left Thumb Impression in the Report, which was prepared in connection with her, agreeing for search by P.W.3 and his party (That document was marked as Exhibit in the case registered against Raphia in C.C.No.47 of 1996).
5. Search. When the Bag of the Accused was searched, it was found to be containing Ganja. On being weighed with the Scale, it weighed 3.250 kgs. Two sample Packets - M.Os.1 and 2, each containing 50 grams were taken. NIB seal was affixed and witnesses have signed in the same. In the samples - M.Os.1 and 2, Accused Philomina refused to sign. The remaining Ganja - M.O.3 was kept in the same Bag. M.Os.1 to 3 were seized under Ex.P.1 - Mahazar, which was attested by P.Ws.1 and 2.
6. Arrest and Registration of the Case. Accused Philomina and Raphia were arrested. Ex.P.4 is the Arrest Report informing the Accused about the reason for the arrest. P.W.3 and his party have returned to the Office of NIB; CID, Trichy. A case was registered in Crime No.52 of 1996 under Sec.8(c) r/w 20 (b) (i) of N.D.P.S. Act against the Accused Philomina. Ex.P.5 is the First Information Report relating to this Accused.
7. Further Investigation. After registration of the case, in compliance of Sec.57 of the Act, P.W.3 sent Ex.P.7 - Report containing details of the case to P.W.4 - Inspector of Police. Upon receipt of the First Information Report and the case Report, P.W.4 - Inspector of Police had taken up further investigation. Witnesses - P.Ws.1 to 3 were examined. Requisition was sent to the Court for sending the samples - M.Os.1 and 2 to Chemical Analysis. As per Ex.P.8 - Chemical Analysis Report, the samples were found to be containing "cannabis". On completion of the investigation, Charge Sh
