Back
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE MALAI.SUBRAMANIAN
R.Srinivasan & Others - Appellant
Versus
Assistant Director - Respondents
CRIMINAL APPEAL NOS.733, 760, 772, 773 &774/1997
Decided On : 01 August 2002
N.D.P.S. Act - Narcotic Drug and Psychotropic Substances - Sec.8(c), 29, 18, 8(1), 21, 25 - Summary of Acts and Sections: The court discussed the violation of Sec.42(2) of the N.D.P.S. Act, the powers of a gazetted officer under Sec.41(2), and the admissibility of statements recorded under the Act. The court also considered the culpability of each accused based on their statements and the seizure of contrabands.
Fact of the Case:
The accused were convicted under the N.D.P.S. Act for conspiring to transport heroin and opium. The prosecution's case was based on the seizure of contrabands and statements recorded from the accused. The accused denied their participation in the offence.
Finding of the Court:
The court found that the violation of Sec.42(2) did not apply as the searching officer was a gazetted officer, and the statements recorded from the accused were admissible. The court also upheld the conviction of A.1, A.2, A.3, and A.6, while giving the benefit of doubt to A.7 and A.10, acquitting them.
Issues: The issues revolved around the violation of Sec.42(2) of the N.D.P.S. Act, the admissibility of statements, and the culpability of each accused based on the evidence presented.
Ratio Decidendi: The court held that the violation of Sec.42(2) did not apply as the searching officer was a gazetted officer, and the statements recorded from the accused were admissible. The court also considered the culpability of each accused based on their statements and the seizure of contrabands.
Final Decision: The court confirmed the conviction and sentence of A.1, A.2, A.3, and A.6, while giving the benefit of doubt to A.7 and A.10, acquitting them. The fine amount, if paid, was ordered to be refunded to A.7 and A.10, and they were directed to be released from prison.
All these five appeals arise out of a single Judgment delivered by the Special Judge (Essential Commodities Act & N.D.P.S. Act), Salem in C.C.No.24/94. C.A.No.773/97 has been filed by 10th accused; C.A.No.760/97 has been filed by 1st accused; C.A.No.772/97 has been filed by 2nd accused; C.A.No.773/97 has been filed by 3rd accused and C.A.No.774./97 has been filed by 6th and 7th accused. Originally, 13 accused were prosecuted. 12th and 13th accused were absconding and after the case against them was split up, the trial went on against the accused Nos: 1 to 11, out of whom, A.4, A.8, A.9 and A.11 were acquitted and A.5 was also discharged. A.1 to A.3 were convicted under Sec.8(c) read with 29 read with 18 and 8(1) read with 29 read with21 of Narcotic Drug and Psychotropic Substances Act and were sentenced to undergo R.I for 10 years and each to pay a fine of Rs.1,00,000/-( 2 counts), in default to suffer R.I for two years; A.6 was convicted for the offence punishable under Sec.8(c) read with 29 read with 21 of the Act and was sentenced to undergo R.I for 2 years; A.7 was convicted for the offence under Sec.8(c) read with 21 and was sentenced to undergo R.I for 10 years of the Act and to pay a fine of Rs.1,00,000/-, in default to suffer R.I for 2 years; A.10 was convicted for the offence under Sec.25 of the Act and was sentenced to undergo R.I for 10 years and to pay a fine of Rs.1,00,000/-, in default to suffer R.I for 2 years. Since all these appeals arise out of a single judgment delivered by the trial court and accused Nos.1, 2, 3, 6, 7 and 10 have filed separate appeals, they are disposed of by way of a Common Judgment. The appellants in all these appeals will hereinafter be referred to as A.1, A.2, A.3, A.6, A.7 and A.10. The prosecution case is as follows:
2. The 1st accused is a resident of Khonti Village of Mandasore District, Madhya Pradash. A.2 is his brother. A.3 is a resident of Dindigul. A.6 is a resident of Gowdamapura Village of Ujjain District, Madhya Pradesh. A.7 is a resident of Thandamangala Village, Baswade District, Rajasthan. A.10 is a resident of S. Pudukottai village, Anna District. The accused 1 and 2 have the residence at Trichy also. The appellants along with other accused hatched a conspiracy to purchase, possess and export to Srilanka Narcotic Drugs and Psychtropic Substances. During the months of February and March 1993, they entered into a conspiracy to transport 66.1 kg of heroin and 361.61 kg of opium from outside the State of Tamil Nadu i.e., from Madhya Pradesh with intend to transport the same to Tuticorin for an eventual export to Srilanka. This information was received by P.W.1 Thiru. Jacob, then Superintendent of Police, Customs and Central Excise, Trichy. The same was received not from any other person but through the Intelligence of the Department itself. It is Ex.P.1. Immediately P.W.1 passed on this to information to P.W.25, Thiru Mohandas, Assistant Director of Customs and Central Excise, who was then the Superior Officer. Pursuant to the information, they went to National Hotel at Salem and noticed an Ambassador Car taken by two persons, who came out of the hotel . The car proceeded towards Omalur. P.W.1 and his parties also followed the car that stopped at "Dhaba" near Salem Engineering College, where a lorry was stationed. One of the occupants of the car got into the lorry. Thereafter, both the lorry and the car proceeded towards Salem – Namakkal High Road at about 10.00 a.m. After some time, both the vehicles were stopped in a village called Thalapallam on the main road. P.W.1 and his party went near the car bearing Registration No. TMP 9346 and enquired the occupants of the car and found that certain contrabands were going to be loaded in the car from the lorry bearing Registration No. GJ 17-T 6049. P.W.1 ascertained that A.5,A.6, A.7 and A.8 were in the lorry. The lorry was found loaded with slate pencil in packets. P.W.1 thereafter enquired the occupants of the car an
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
