Compliance with Section 50 of the NDPS Act, admissibility of accused statements, and applicability of Section 50 of the Act.

JUDGMENT

(Common Prayer : Criminal Appeals are filed under Section 374(2) of the Code of Criminal Procedure, r/w Section 36-B of NDPS Act, 1985, prayed to set aside the conviction of the appellants in C.C.No.40 of 2014, dated 11.10.2019 by the Learned Special Court, under EC Act/NDPS Act, Coimbatore by allowing this appeal.)

Common Judgment:

On 24.03.2014, at about 23.00 hours, P.W.8/Mr.Saravanan, the Intelligence Officer, Narcotic Control Bureau (in short NCB), Chennai Zonal Unit, received information in the office of NCB, phone number viz., 044-26821481 that two individuals by name Bright Fernando and D.Pio of Tuticorin were engaged in trafficking of Heroin with the assistance of Nanda @ Nandakumar of Thiruchendur. The said Nanda had arranged the Heroin from the duo of Rajasthan namely Mohammed Imran (A1) and Akil Ahammed (A2). They brought approximately one kilogram of Heroin to the M.P.Lodge, in Room No.104 in Udumalpet, Tiruppur District at 08.00 hours on 25.03.2014. From there, Bright Fernando and Pio are further trafficking to Maldives through one Francis of Tuticorin. P.W.8, reduced the said information into writing vide Ex.P2 and submitted the same to the PW- 4, the Superintendent of NCB, Chennai.

2. Thereupon, P.W.4/Santhanu Aich, Superintendent of NCB, Chennai, directed P.W.2/Mr.Aravind, Intelligence Officer, NCB, Chennai to take necessary action. P.W.2, upon receiving the entire information over phone at 23.30 hours on 24.03.2014 and upon receipt of the information in Ex.P-2 by email, took the printout of Ex.P-2 and signed over the same. On 25.03.2014, P.W.2 along with the Team of NCB Officers proceeded to search at M.P.Lodge, in Udumalpet at 08.15 hours. He then contacted P.W.6/Balamurgan, P.W.7/Thiyagarajan, who were present at the reception of the hotel and they agreed to be independent witnesses. Thereafter, he verified with the Receptionist that Room No.104 was booked in the name of Nandakumar, and they went to the said Room and pressed the calling bell. The persons inside the Room, opened the door and upon confirmation whether they are in possession of Heroin, all the five accused persons in the Room, admitted to possessing one kilogram of Heroin as two slabs kept in an Air Bag in the Room. Thereafter, P.W.2 explained to each one of them their rights, under the NDPS Act, and they have the right to be searched before the Learned Judicial Magistrate or Gazatted Officer. He conveyed the said information in Tamil and Hindi, with the help of fellow officers. The accused offered themselves to be searched by the NCB Officers. Thereafter, all the five accused gave a gray colour Airbag, stating that Heroin was in it. P.W.2 upon receiving the Airbag found two black colour covered packets. After opening the polythene packings, he found brown colour powder, which was tested using a field detection kit and it answered positively for Heroin Narcotic Drug. On the reason of believing that brown colour powder was Heroin, P.W.2 had seized the entire brown powder and one sample each was drawn from both the bulk quantity of contraband and they were sealed and packed. P.W.2 also conducted a search in Room No.104 and recovered cash of Rs.3 Lakhs, which was the money brought to buy the Heroin, and that was also seized, and placed in paper covers according to the denominations. Thereafter, a personal search was made in respect of each of the accused and Mobile phone, Driving license, Pan Card, Bank debit cards, Ticket for travel, etc., were seized from the accused. All the seizures were made by preparation of due Mahazar and he also gave a detailed report to P.W.4/Santhanu Aich, Superintendent of NCB, as per Section 57 of the NDPS Act.

3. P.W.5/Rajan Kumar, the Intelligence Officer, NCB, reported the voluntary statements given by each of the five accused and they were arrested and sent for Judicial custody. P.W.5 was handed over all the relevant documents by the Seizing Officer. Thereupon, the Investigation was completed and the complain