Substantial compliance with statutory requirements, admissibility of general diary, and the evidentiary value of news reports.

JUDGMENT

(Prayer: Appeals under Section 374(2) of the Criminal Procedure Code against the judgment dated 27.1.2017 made in C.C.No.1 of 2015 on the file of the Principal Special Court under the EC & NDPS Act, Chennai-104.)

Common Judgment:

1. These criminal appeals have been filed by A1 and A2 against the judgment and order passed by the learned Principal Special Judge, Special Court constituted under the EC & NDPS Act, Chennai-104 in C.C.No.1 of 2015, dated 27.1.2017, convicting the appellants for the offences under Section 8(c) read with Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act) and sentencing each of them to undergo ten years rigorous imprisonment and to pay a fine of Rs.1 lakh each and in default, to undergo six months rigorous imprisonment.

2. The case of the prosecution is briefly stated as hereunder :

(i) P.W.1 - the Inspector of Police, T-12 Poonamallee Police Station received a secret information on 18.10.2014 at about 9 AM to the effect that heroine powder had been concealed at No.74, Malliam Narasimman Nagar, Poonamallee. This information was recorded in the general diary - Ex.P.29 at about 9.15 AM and the information was also sent to the Assistant Commissioner of Police, Poonamallee Range and permission was also obtained at about 9.45 AM - Ex.P.2. P.W.1 also sent the information to the Judicial Magistrate No.2, Poonamallee and it was received at 11.10 AM. This information was marked as Ex.P.3.

(ii) Thereafter, P.W.1 accompanied by P.W.2 - the Village Assistant, the Sub-Inspector of Police, the Head Constable, Grade I Constable and the Village Administrative Officer proceeded to the premises and reached the place at about 11.15 AM. They went to the second floor of the premises and found A1 to A3 inside the premises. P.W.1 introduced himself and informed the accused persons that he wanted to conduct a search in the premises. The search notices that were issued to A1 and A2 were marked as Ex.P.4 and Ex.P.5. On conducting the search, P.W.1 seized 74 tins, which were covered by carbon paper and further covered by polythene.

(iii) On closely observing the tins, it was found that the same contained the prohibited drug ''heroine''. This was detected by examining the same with the inspection tools. The heroine powder was weighed and it was found that a total quantity of 16 Kg and 300 grams of heroine was available and out of the same, 20 grams each were separately taken and sealed. The seizure mahazar was prepared in the presence of witnesses. This seizure mahazar containing all these details was marked as Ex.P.6.

(iv) The accused persons were arrested and P.W.1, along with the accused persons and the materials that were seized, came to the police station and registered a first information report in Cr.No.1579 of 2014 for the offences under Section 8(c) read with Sections 21, 22, 23(c) and 29 of the Act. The statements of witnesses were recorded under Section 161(3) of the Criminal Procedure Code (for brevity, the Cr.P.C.). Since A2 and A3 belonged to Sri Lanka, the information was sent to the Sri Lankan Embassy. The accused persons were produced before the Court concerned and remanded to judicial custody on 19.10.2014.

(v) P.W.1 arrested A4 on 21.10.2014 and his confession was recorded in the presence of witnesses and the seizure mahazar, by which, the materials were seized, was marked as Ex.P.14. A4 was thereafter produced before the Court concerned and remanded to judicial custody. A1 and A2 were taken into police custody on 28.10.2014 and based on their confession, cash to the tune of Rs.3,50,000/- was seized in the presence of witnesses. The admissible portion of the confession was marked as Ex.P.15 and the seizure mahazar was marked as Ex.P.16.

(vi) The seized drug was sent for chemical analysis and on receipt of the report marked as Ex.P.27, the statement of the chemical analyst was al