1. This Criminal Appeal has been filed against the Judgment and conviction made by the Special Judge, II Additional Special Court under NDPS Act, Chennai in C.C.No.39 of 2010, by Judgment, dated 16.05.2012 whereby the appellant / accused has been convicted for the offence under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985 as amended by Act 9 of 2001 and sentenced him to undergo 7 months RI and to pay a fine of Rs.5,000/-, in default to undergo further period of one month R.I.

2. The case of the prosecution before the trial Court was that, on 21.08.2009 at about 9.15 a.m, the P.W.2, Sub Inspector of Police working at respondent police station received an information from her informant through telephone about the indulgence of illicit sale of Ganja by one Danraj, s/o. Sankar on the back side of Block-A four storeyed building, Cemetry Road, T.P.Chatram, Chennai.

3. P.W.2 reduced the said information (Ex.P.3) into writing and submitted the same to the P.W.4, Inspector of Police for necessary permission. P.W.4, after having gone through the information placed before him by P.W.2 had given permission to P.W.2 and the police team to rush to the spot and take action in accordance with law.

4. Pursuant to the said permission given by P.W.4, the team headed by P.W.2, Sub Inspector of Police with two police Head Constables, i.e., P.W.3 and another claimed to have started at 9.45 hours at the police station and they reached the spot by 10.00 hours, where they mounted surveillance. At that time at about 10.15 hours, the accused was coming with a polythene bag, who have been identified by the informant to the police team and when they attempt to knab him, he tried to escape, however he was caught by the police team and thereafter the police team introduced themselves to the accused and asked his name and address and the name and address given by the accused was confirmed with the name and address given by the informant and thereafter, the P.W.2 claimed to have informed to the accused that, since the police team had received information that, the accused was indulging in illicit sale of Narcotic substance, the police team wanted to search the accused and in this regard, it is further claimed by the P.W.2 that, under Section 50 of the NDPS Act, it is the right of the accused to be searched in front of a nearby Magistrate or a Gazetted officer and the said right available to the accused had been explained to him in writing under Ex.P.4, but the accused declined to accept the said offer of searching in front of the Magistrate or Gazetted officer and according to P.W.2, the accused had allowed the P.W.2 to search him.

5. Accordingly, the accused had handed over the polythene bag, which was holding by him to the P.W.2 and when it was opened the P.W.2 and the police team found that, there had been a contraband appears to be Ganja (cannabinas) and the same had been weighed with the balance they brought to the spot and it was measured at 1 kg and 200 gms, out of which 50 gms had been separated for sample and packed and marked as S.1 and the remaining contraband, i.e., bulk quantity of 1 kg and 150 gms had again been repacked in the same wrapper and initialed as P.1. The said contraband, according to the prosecution, had been seized under seizure mahazar, Ex.P.5 and thereafter arrest notice, Ex.P.6 was prepared and given to the accused. Thereafter, Inspection memo, Ex.P.7 was given and after inspecting the accused, the police team at about 12 noon, brought the accused with seized contraband to the police station where the First Information Report (FIR) under Ex.P.8 was registered and thereafter, the P.W.2 prepared the Special Report under Section 57 of the NDPS Act, with that, the case had been handed over to P.W.4, Investigating Officer.

6. The P.W.4, Investigating Officer, after having gone through the Special Report and after enquired the witnesses, had directed to produce the accused before the Magistrate with seized contraband under Form