JUDGMENT :

This present criminal appeal is directed against the conviction and sentence dated 06.02.2016 made in C.C.No.159 of 2014 on the file of the learned II Additional Special Court for N.D.P.S Act Cases, Madurai.

2. The appellants are arrayed as Accused Nos.1 and 2 in the above referred case. They stood charged for the offence punishable under Sections 8(C) r/w 22 (b) of NDPS Act. After full-fledged trial, the learned II Additional Special Judge for N.D.P.S Act cases, Madurai, came to the conclusion that both the appellants are found guilty for the offence under Section 8(C) r/w 22 (b) of NDPS Act and accordingly, convicted the appellants and sentenced each of them to undergo three years rigorous imprisonment and to pay a fine of Rs.25,000/-, in default, to undergo six months simple imprisonment. Challenging the said conviction and sentence, the appellants are before this Court with the present Criminal Appeal.

3. The case of the prosecution in brief is as follows:-

(i) On 23.11.2011, PW6-Selvaraj the then Inspector of Police, Vadaseri Police Station, Kanyakumari District, while he was in patrolling duty along with PW3-Chandran, Murugesan and one David Rabinson, PW1-Krishnakumar and PW2-Iyyappan gave information as in Vadseri bus stand near to Supreme Hotel, some persons are selling the Buprenorphine injection, which is prohibited for sale under NDPS Act.

(ii) After receipt of the said information, PW6 along with PW1 to PW3 went to Vadaseri bus stand wherein after seeing the Police party, the accused herein attempted to run away from the place, wherein he was standing. However, the police party headed by PW6, secured the accused and informed about the rights, in respect to the search guaranteed in their favour under Section 50 of NDPS Act. In respect to the said information, both the accused did not want to exercise the said right and permitted the police officers to conduct search over them. In this regard, the joint consent letter given by both the accused is marked as Ex.P4. After obtaining the said consent letter, during the time of search, the Police party found that the first accused possessed with 12 numbers of Buprenorphine injection in the quantity of 2 ml, 4 numbers of Tenergran, three bottles of phenergen and 13 bottles without any labels. Further, they find out that the accused was possessed with six syringe and Rs.3,000/- which is the sale price. After identifying the said contraband, PW6, in the presence of PW3 prepared the Seizure Mahazar and recovered the same. Further, in the presence of same witness, PW6 obtained confession statement from the accused.

(iii) In continuation of investigation, after made recovery PW6 brought the accused with recovered contraband to the Police Station and registered the case against them in Crime No.2940 of 2011 under Section 8(C) r/w 22(b) of NDPS Act. The printed FIR is marked as Ex.P7. After registration of the case, he visited the scene of occurrence and prepared the Observation Mahazar in the presence of PW5-Kannan and one Ayyappan. He has drawn the rough sketch under Ex.P9. He examined the witnesses and recorded their statements. He made arrangements for sending the accused to the judicial custody. He submitted an application in the Court praying to send the recovered contraband for chemical examination. After completing the above formalities, since he was transferred from the said post, he handed over the case records to PW7 for further investigation.

(iv) PW7-Periyasamy the then Inspector of Police, Vadaseri Police Station, on receipt of the case records, examined the witnesses, who are all already examined by PW6. Since those witnesses gave the same statements, he has not recorded separate statements from them. In the meantime, upon the request given by the Investigation Officer, the learned Additional District Judge, Principal Special Court for EC & NDPS Act Cases, Madurai, issued the proceedings to send the recovered contraband for chemical examination. In turn, PW4-Sri