The compliance of statutory provisions and the impact of procedural irregularities on the authenticity of evidence and the rights of the accused.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 374 of the Code of Criminal Procedure, to call for the records in C.C.No.30 of 2019, dated 20.11.2019, on the file of the Learned Special Court under EC and NDPS Act Cases, Coimbatore and set aside the same.

Criminal Appeal is filed under Section 374 (2) of the Code of Criminal Procedure, to call for the records in C.C.No.30 of 2019, dated 20.11.2019, on the file of the Learned Special Court under EC and NDPS Act Cases, Coimbatore and set aside the same.)

Common Judgment

1. On 01.03.2018, upon the orders of the Commissioner of Police, Coimbatore, personnel were drawn from different Police Station and forming a team, a vehicle check was being conducted near Arulmiku Veerapathrasamy Thottammal Kovil, Seeranaickanpalayam Main Road, Coimbatore, within the jurisdiction of B2 R.S. Puram Police Station. While so, when the vehicle being a Qualis Car, bearing registration No.TN 63 X 7777 was intercepted, the accused Nos.1 to 4 were traveling in the said car. Upon check, it was found that four bags, which were kept in the backseat of the Car, contained Ganja. The contraband weighed totally 216 kgs and the accused admitted that they had purchased the same from one Rambabu at Chinthapalli, Visakapattinam, Andhra Pradesh, being financed by the accused No.5, Ranjith Kumar, who gave them Rs.2,00,000/- and after paying a sum of Rs.50,000/- to the said Rambabu and the balance of Rs.1,50,000/- was carried by them. The said Ranjith Kumar had instructed the accused to come to Vadavalli. Therefore, they were proceeding towards Vadavalli in the said car. Thereupon, a case in Crime No.275 of 2018, on the file of B2, R.S.Puram Police Station, Coimbatore was registered and the contraband was duly seized in the presence of independent witness and samples were drawn and the accused were produced before the learned Magistrate, who remanded them to judicial custody.

2. Thereafter, P.W.8 investigated the case and filed Final Report before the learned Additional District and Sessions Court and Special Court under Essential Commodities Act and N.D.P.S Act, Coimbatore. The case was taken on file as C.C.No.30 of 2019, totally against seven accused and charges were framed against them for the offences under Sections 8(c) r/w 20(b)(ii)(c), Section 25 and 27A and Section 29 of the Narcotic Drugs and Psychotropic Substance Act. Upon being questioned, the accused denied the charges and stood trial.

3. To bring home the charges, the Inspector of Police, namely Jothi, the Inspector of Police, who conducted a search and seized the contraband was examined as P.W.1. One Sastha Somasundaram, Sub- Inspector of Police was also part of the search, was examined as P.W.2. One Arjun, who was the witness for the observation Mahazar, was examined as P.W.3. One Hakeem, who accompanied the Police and showed them the place where weighing balance is available, was examined as P.W.4. One Sakthivel, who was the independent witness to the seizure and confession, was examined as P.W.5. One Manikandan, who also witnessed to the confession statement, was examined as P.W.6. One Gnanasekaran, who was also a Sub-Inspector of Police, involved in the search party, was examined as P.W.7. One Venkatesan, the Investigating Officer, was examined as P.W.8.

4. On behalf of the prosecution, Exs.P-1 to P-10 were marked. The sample packets of Ganja was produced as M.O.1 series. The remaining Ganja was produced as M.Os.2 to 5. The Qualis Car was produced as M.O.6 and the cash seized as M.O.7.

5. Upon being questioned about the material evidence and the incriminating circumstances as per Section 313 of Cr.P.C., the accused denied the same as false. Thereafter, no evidence was let in on behalf of the defence.

6. The Trial Court proceeded to consider the evidence on record and after hearing the learned Special Public Prosecutor on behalf of the prosecution and the learned Counsel for the accused and by a Judgment, dated 20.11.2019, acquitted the accused Nos.5