Compliance with mandatory provisions under the NDPS Act, sufficiency of evidence, and re-appreciation of evidence to establish guilt beyond reasonable doubt.

JUDGMENT

(Prayer: These Criminal Appeals filed under Section 374(2) of Code of Criminal Procedure seeking to set aside the judgment of conviction and sentence passed by the learned I Additional Special Judge for NDPS Act, Chennai, in C.C.No.28 of 2016 dated 06.12.2018.)

Common Judgment:

1. These criminal appeals have been filed against the judgment of conviction passed by the learned I Additional Special Judge for NDPS Act, Chennai, in C.C.No.28 of 2016 dated 06.12.2018.

2. The respondent police registered a case against all the accused for the offence punishable under Sections 8(c) r/w 29, 8(c) r/w 22(c) & 8(c) r/w 28 and against the accused 2 to 4 for the offence under Section 8(c) r/w 27(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as ”NDPS ACT”). The learned Special Judge taken cognizance of the complaint in C.C.No.28 of 2016 and after completing formalities, since found prima facie case against the appellants, framed charges for the offence under Sections 8(c) r/w 29, 22(c) and 28 of NDPS Act, 1985, against A1 and Section 8(c) r/w 29, 22(c), 27A and 28 of NDPS Act, against A2 to A4.

3. Before the trial Court, in order to prove the case of the prosecution, as many as 8 witnesses were examined as P.W.1 to P.W.8, 69 documents were marked as Ex.P1 to Ex.P69, besides 8 material objects were exhibited as M.O.1 to M.O.8. After completing examination of prosecution witnesses, when incriminating circumstances culled out from the evidence of prosecution witnesses were put before the accused by questioning under Section 313 Cr.P.C, they denied the same as false and pleaded not guilty. On the side of the defence, no oral and documentary evidence was let in.

4. After completion of trial, hearing arguments advanced on either side and after perusal of the records, the trial Court found A1 guilty for the offence punishable under Sections 8(c) r/w Section 29(1), 22(c) and 28 of NDPS Act, 1985 and found A2 to A4 guilty for the offence punishable under Sections 8(c) r/w 29(1) and 28 of NDPS Act. Therefore, the learned trial Judge convicted and sentenced all the appellants to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- each for each of the offences, in default, to undergo rigorous imprisonment for a further period of one year for each default.

5. Aggrieved against the judgment of conviction and sentence passed by the trial Court, the appellants have preferred these criminal appeals before this Court.

6. Case of the prosecution is that when Jayamaran, Intelligence Officer, who was examined as P.W.1, was on duty in NCB, Chennai, on 21.12.2015 at about 19.20 hours, received information that one Jeevan of Nellore, who makes Methamphetamine, has already supplied around 5 Kgs of Methamphetamine to his counterparts namely Thameem Anwar and Mohammed Zahir (Oomakka Zahir @ Zahir) in Chennai, who are indulging in trafficking of Methamphetamine between Chennai and Tuticorin along with their carrier K.Bala, who is the resident of Ennore, and the Bala has collected the Methamphetamine and is about to leave for Tuticorin around 20.30 hours tonight through Vivegam Travels bus from Koyambedu Omni Bus stand and if surveillance is mounted at Koyambedu omni bus stand, the above said persons may be identified and the contraband may be seized.

6.1. Based on the information and after discussion with the Superintendent, NCB, Chennai, constituted a team with the officers of NCB, led by P.W.1 and the team reached at Vivegam Travels Office. P.W.1 introduced himself and the team members to the staff of Vivegam Travels and revealed the information received by him and requested them to stand as witness for the search and seizure, for which they also accepted. P.W.1 and the team along with the witnesses, were watching the platform, where the bus to Tuticorin was parked and after a few minutes a person matching the description of A1 carrying blue and black backpack came for boarding the bus.