The case established that the prosecution's burden to prove possession of illegal substances can be met through cogent and convincing evidence, and the absence of expert examination does not necessarily invalidate the case.

JUDGMENT :

R. SUBBIAH, J.

1. This Criminal Appeal is filed against the judgment dated 31.07.2013 passed in S.C. No. 78 of 2012 on the file of the Assistant Sessions Judge, Nagapattinam, in and by which, the appellant/accused was convicted and sentenced as tabulated hereunder:

Conviction under Section Sentence of imprisonment Fine Section 5 of the Explosive Substances Act ten years rigorous imprisonment Rs .2,000/- in default, to undergo six months rigorous imprisonment Section 6(1-A) of the Indian Wireless Telegraphy Act one year rigorous imprisonment Rs. 1,000/- in default, to undergo three months rigorous imprisonment

2. The gist of the prosecution case leading to conviction of the appellant/accused is as follows:

The appellant herein is a Srilankan (Tamil speaking). He is residing along with his family in Trichy. He was making out his income by sending Srilankan Nationals to Australia, illegally by boat. On 18.03.2012 at about 7.15 a.m. pursuant to the order of the Superintendent of Police, Q-Branch, while PW-1 Inspector of Police, Thanjavur was in a routine check-up in ECR Road near Nagapattinamam-Velankanni-Putthur-Four-Road, with officials, he intercepted a Toyota Camry car bearing Registration No. TN-06-A-2700 and enquired the appellant, who was driving the said car. The appellant gave a statement and based on his confession, five numbers of slurry explosives, ten numbers of detonators, six feet fuse wires, one satellite phone, named as Thuraya, which was prohibited in India, were recovered in the presence of PW-2, namely Seetharaman, Village Administrative Officer and one Rajendran, Village Assistant. After recovering the incriminating materials, PW-1 submitted Ex.P-2 Special Report to PW-15 Inspector of Police “Q” Branch, Nagapattinam. The said Ex.P-2 Special Report was reduced into a FIR (Ex.P-10). Thereafter, PW-15 went to the place of occurrence at about 1 p.m. and prepared Ex.P-4 observation mahazar and drew Ex.P-11 rough sketch. Thereafter, he recorded the statement of witnesses PW-1 Inspector of Police, PW-2 VAO, Rajendran-Village Assistant, PW-3-Nagai-Q-Branch Sub-Inspector of Police, Sub-Inspector of Police Rajaraman, Thanjavur Q-Branch, PW-4-Head Constable and Q-Branch Head Constable-Veerakumar. Thereafter, PW-15 came to the Police Station and sent all the recovered materials to the Magistrate Court and also made a request to the Magistrate to keep the recovered explosive substances, in safe custody. As per the order of the Magistrate, the seized/recovered explosive substances were handed over to one Madha Explosives, Pudukkottai District, Vellanoor go-down. Thereafter, with the permission of the Magistrate, by obtaining orders from the Magistrate, PW-15 made a request to the Deputy Controller of Explosives, Chennai, to conduct a test of the explosive substances. Likewise, PW-15 sent the recovered satellite phone to Chennai for conducting test. Thereafter, PW-15 recorded the statement of PW-7 Sukumar and Velankanni Thangappan on 22.03.2012. Thereafter, with the order of the Magistrate, he sent a communication to the Office of the RTO, Chennai, to find out the details of the vehicle (Toyota Car) seized. On 01.04.2012, PW-15 has received a reply from the RTO. On 04.04.2012, PW-15 recorded the statement of PW-8 Head Constable. On 10.05.2012, PW-15 received the report of explosives and also the report of the satellite phone, from Court. Thereafter, on 11.05.2012, PW-15 recorded the statement of PW-5 Special Sub-Inspector of Police, K.K.Nagar Police Station, Tirchy. Thereafter, he enquired one Pandirdurai, the owner of the above said Madha Explosives. On 13.05.2012, he went to Melur and recorded the statement of one Chinnadaikan, Ramachandran and Gopalakrishnan, with regard to the purchase of explosive substances by the appellant/accused from them. On 16.05.2012, PW-15 went to Chennai and recorded the statement of one Manimaran, Officer-in-charge of Wireless Explosives. He also examined PW-10 Shanmugham, who had conduc