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2009 Supreme(Mad) 400
Madras High Court
A. SELVAM, J.
Karuppiah @ Miya Miya & Others
Versus
State represented by the Inspector of Police
Criminal Appeal No.312 of 2001
Decided on : 30-01-2009
For the Petitioner:AR.L. Sundaresan, Senior Counsel, M/s. AL. Gandhimathi, Advocate.
For the Respondent:S. Muthu Venkatesan, Government Advocate, (Criminal side).
Compliance with statutory requirements, seizure and marking of samples, and proof of conspiracy were central to the court's decision.
Headnote:
Narcotic Drugs - Conviction under Sections 8(c) read with 20(b)(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 - Summary of Acts and Sections: Sections 8(c), 20(b)(1), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - The court discussed the compliance with Section 42 of the Act, the seizure and marking of samples, and the alleged conspiracy between the accused. The legal provisions of Section 42 were interpreted and the court found that the prosecution had complied with the requirements. The court also analyzed the evidence related to the seizure and marking of samples, and the alleged conspiracy, ultimately confirming the guilt of the accused under the mentioned sections.
Fact of the Case:
The accused were found smuggling Ganja illegally and were convicted under Sections 8(c) read with 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution presented evidence of the smuggling and the accused's involvement. The trial court found the accused guilty and sentenced them to rigorous imprisonment and fines.
Finding of the Court:
The court analyzed the compliance with Section 42 of the Act, the seizure and marking of samples, and the alleged conspiracy between the accused. It found that the prosecution had complied with the requirements and confirmed the guilt of the accused under the mentioned sections.
Issues: Compliance with Section 42 of the Narcotic Drugs and Psychotropic Substances Act, seizure and marking of samples, alleged conspiracy between the accused.
Ratio Decidendi: The court's decision was influenced by the interpretation of Section 42 of the Act, the evidence related to the seizure and marking of samples, and the analysis of the alleged conspiracy, ultimately confirming the guilt of the accused under the mentioned sections.
Final Decision: The court dismissed the criminal appeal and confirmed the conviction and sentence passed by the trial court.
Challenge in this criminal appeal is to the conviction and sentence passed in Calendar Case No.221 of 1999 by the Special District and Sessions Court (Narcotic Drugs and Psychotropic Substances Court) Madurai.
2. The epitome of the prosecution case is that on 29.04.1998 at about 07.30 a.m. on Tiruchirapalli-Madurai Bypass Road (National Highway No.47) at Dindigul near Saravana Real Estate, the accused 2 & 3 namely Lakkanam and Dhanabalan have smuggled 98 kilograms of Ganja and 105 kilograms of Ganja illegally without having license, through the ambassador car bearing Registration No.MSM-5251 and the same has been driven by the first accused viz., Karuppiah @ Miya Miya. Under the said circumstances, the accused 2 & 3 are said to have committed offences under Sections 8(c) read with 20(b)(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and the first accused is said to have committed offences under Sections 8(c) read with 20(b)(1) read with 29 of the said Act.
3. The investigating agency has done investigation and after completing the same, laid a final report on the file of the trial Court.
4. The trial Court has framed necessary charges against the accused under the said Sections and the same have been read over and explained to them. The accused have made a candid denial and claimed to be tried.
5. On the side of the prosecution, PWs.1 to 8 have been examined and Exs.P1 to P15 and MOs.1 to 13 have been marked.
6. When the accused have been questioned under Section 313 of the Code of Criminal Procedure, as respects the incriminating circumstances appearing in evidence against them, they denied their complicity in the crimes. However, no oral and documentary evidence have been let in on the side of the accused.
7. The trial Court, after contemplating the evidence available on record, has found the accused 2 & 3 guilty under Sections 8(c) read with 20(b)(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced them to undergo five years rigorous imprisonment and also imposed a fine of Rs.25, 000/- upon each of them with default clause. The first accused has also been found guilty under Sections 8(c) read with 20(b)(1) read with 29 of the said Act and sentenced to undergo five years rigorous imprisonment and also imposed a fine of Rs.25, 000/-with default clause. Against the conviction and sentence passed by the trial Court, the present criminal appeal has been filed at the instance of the accused as appellants.
8. Before contemplating the arguments advanced by the learned senior counsel appearing for the appellants/accused, a primordial duty is cast upon the Court to find out as to whether the prosecution has established the guilt of the accused under the Sections mentioned supra.
9. The specific case of the prosecution is that on 29.04.1998 at about 7.30 a.m. on Tiruchirapalli-Madurai Bypass Road near Saravana Real Estate, the accused 2 & 3 viz., Lakkanam and Dhanabalan have smuggled 98 and 105 kilograms of Ganja through the ambassador car bearing Registration No.MSM-5251 and the same has been driven by the first accused viz., Karuppiah @ Miya Miya.
10. The prosecution has set the law in motion only on the basis of Ex.P11. In Ex.P11, it has been stated that the Head Constable, attached to NIB CID, Dindigul has produced an informant and he has informed that through the ambassador car bearing Registration No.MSM-5251, Ganja is being smuggled from Orissa by some persons belonging to Kanavoipatti.
11. After recording Ex.P11, the Sub-Inspector of Police, NIB CID, Dindigul has made all arrangements so as to nab the accused and accordingly the service of PW1 viz., Jeyavudeen has been utilished. PW1 has served as Village Administrative Officer in Seelappadi Village at the time of occurrence and he deposed in his evidence that on 29.04.1998 at about 8, 8.30 a.m. the police attached to NIB CID, Dindigul told him that they received an information about smuggling of contraband and asked him to act as a wit
