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2017 Supreme(Mad) 3928
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. PRAKASH, J.
Shri Krishnan Sridaran Rajendran @ Krishnan Seedaran Rajendran @ Madan -Appellant
Vs.
State rep by The Intelligence Officer Directorate of Revenue Intelligence Chennai – Respondent
Crl.A.Nos.80 and 195 of 2016 and Crl.M.P.Nos.1276 and 2685 of 2016
Decided on : 21-12-2017
Advocate Appeared:
For the Appellant : Mr.A.Raghunathan, Mr.B.Kumar, Adv.
For the Respondent: Mr.N.P.Kumar, Adv.
Headnote:
Narcotic Drugs and Psychotropic Substances Act – Sections 50, 57 – Penal Code, 1860 – Section 420 – Customs Act – Section 135 – PMLA – Section 44 – Trafficking of narcotic drugs – Appeals have been filed to set aside the judgment dated 29.01.2016 passed in C.C.No.4 of 2013 by the II Additional Special Court for NDPS Cases, Chennai. – Held, when a case under Section 420 IPC/135 of the Customs Act is committed to the Special Court, the question is, what procedure the Special Court should follow, whether the procedure under Chapter XIX or the procedure under Chapter XVIII of the Code? – This has been answered by Section 44(1)(d) of the PMLA. Section 44(1)(d) states that the trial of the scheduled offence and the trial of the money-laundering case shall be conducted in accordance with Chapter XVIII of the Code. – Such a dichotomy cannot happen under the NDPS Act, because the offence under the NDPS Act is not dependent upon the commission of an offence under another enactment, whereas, the offence under Section 3 of the PMLA is dependent upon the commission of an offence mentioned in the schedule to the PMLA. – Hence, the comparison is misconceived. – Court does not find any infirmity in the conviction of the appellants by the Special Court warranting interference. – As to the sentence, the trial Court has imposed the sentence of 14 years for each charge against the appellants. – Interest of justice will be served if the sentence is reduced to 10 years Rigorous Imprisonment, that being the minimum for the convicted offences. – Appeals Dismissed
These appeals have been filed to set aside the judgment dated 29.01.2016 passed in C.C.No.4 of 2013 by the II Additional Special Court for NDPS Cases, Chennai.
2. For the sake of convenience, the accused, viz., Krishnan Sridaran Rajendran @ Krishnan Seedaran Rajendran @ Madan [A1] and Chaval Shimanram @ Rahul [A2] will be referred to as Madhan [A1] and Chaval [A2] respectively.
3. The factual matrix of the prosecution case is as under:
P.V.Jayaraman [P.W.1], Intelligence Officer, Directorate of Revenue Intelligence (DRI), received information on 08.07.2012, to the effect that one Babulal of Ahmedabad, along with one Chaval [A2], Proprietor of Rajeshwar Textiles, Ground Floor, New No.194, Old No.236, Thambu Chetty Street, Mannadi and one Madhan [A1], a Sri Lankan national having Passport No. N-0990980 are indulging in trafficking of narcotic drugs and they have transported a consignment from Ahmedabad to Chennai, which would reach Rajeshwar Textiles around 11.00 in the morning.
[a] P.V.Jayaraman [P.W.1] recorded the information vide Ex.P.1 and submitted the same to the Assistant Director, DRI, Chennai, who further directed R.Padmanabhan, Senior Intelligence Officer, DRI, Chennai to arrange a team and proceed immediately. R.Padmanabhan, Senior Intelligence Officer, DRI, along with a team of Officers, viz., P.V.Jayaraman [P.W.1], Intelligence Officer, DRI, Chenchuraman [P.W.3], Intelligence Officer, DRI, Shyamalnath [P.W.8], Intelligence Officer, DRI, Vijayakumar [P.W.9], Intelligence Officer, DRI and others proceeded to Rajeshwar Textiles in Thambu Chetty Street. They called two persons, by name M.Sakthivel and K.Kumar, to be witnesses for the search. When the Officers went to Rajeshwar Textiles, Madhan [A1] and Chaval [A2] were there. They introduced themselves and when they questioned the duo about the information they have received, the duo came forward and handed over a parcel wrapped in white colour LDPE sack strapped with plastic straps, which was found with the marking, "From: King Collection to RAJESHWAR TEXTILES, No.194, Thambu Chetty Street, Mannady, Chennai" in black marker pen.
[b] On opening the parcel, the Officers found 23 packets of unstitched churidar materials in a carton. On further examination of the churidar materials, the Officers found 46 packets of white colour substance concealed amongst churidar materials. Each packet weighed around 99 grams and the contents of the 46 packets were mixed and they weighed 3,785 gms [3 kgs 785 gms]. The Officers tested the substance with the test kit available with them and it was found to answer the test for heroin. Three samples of about 5 gms. each were drawn and kept in zip lock polythene covers and were marked as P1S1 [M.O.8], P1S2 [M.O.9] and P1S3 [M.O.10]. The balance contraband was also sealed with DRI seal and was marked as M.O.11 before the trial Court. Thereafter, the Officers gave the option under Section 50 of the Narcotic Drugs and Psychotropic Substances Act [for short "the NDPS Act"] to both the accused explaining them of their right to be searched before a Gazetted Officer or a Magistrate. The accused declined the offer and on the personal search of Madhan [A1], the following items were seized:
"DOCUMENTS AND CURRENCIES RECOVERED AND SEIZED FROM SHRI KRISHNAN SRIDARAN RAJENDRAN @ KRISHNAN SEEDARAN RAJEMDRAM @ MADAN
Sl.No. Description of documents Exhibits/M.Os.
1 e-ticket bearing No.5899486811869 dated 5.7.2012 in respect of Shri Krishnan Sridaran Rajendran holder of Sri Lankan Passport No.N0990980 Ex.P.4
2 Boarding pass of Jet Airways flight No.9W 0251 dated 6.7.2012 in respect of Shri Krishnan Sridaran Rajendran Ex.P.5
3 Copy of Passport No.N0990980 in respect of Shri Krisnan Seedaran Rajemdram Ex.P.6
4 Indian currency of Rs.60550/-, US$ 153 and Sri Lankan currency of 4670 M.O.3, M.O.4, M.O.5
5 Mobile No.9840879662; IMEI No.352858/05/782230/1; Code No.0592282 Airtel SIM No.89914 00000 07130 43962; Mobile make: NOKIA Model No.1280 - Type RM-647 Made in Indi
