Accused in C.C.230/1996 on the file of Special Court for Essential Commodities and N.D.P.S.Act Cases, Pudukottai is the Appellant. By the Judgment dated 27.02.1997, the Appellant / Accused was convicted under Section 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act (for short 'N.D.P.S.Act') and sentenced to undergo Rigorous Imprisonment for three years and imposed fine of Rs.12,500/=, in default to undergo Rigorous Imprisonment for 9 months.

2. Case of the Prosecution could briefly be stated thus:-

On 19.03.1996 - 8.00 AM, P.W.3 - Inspector of Police, NIB:CID (Sankaralingam) and P.Ws.1 and 2 - Constables and Police party were keeping watch over movement of Narcotics near Ramanathapuram Railway Station. At about 10.30 AM, the accused Suresh was found to be moving in a suspicious manner. P.W.3 suspected contraband inside the bag, which the accused possessed. To search for the bag of the accused, P.W.3 called for independent witnesses around the area; they have refused. Keeping the police personnel - P.Ws.1 and 2 as witnesses, P.W.3 informed the accused his desire to search the accused. He also informed the right of the accused to be searched before Gazetted Office