JUDGMENT :

(Common Prayer:- Criminal Appeals are filed under Section 374(2) of Cr.P.C., praying to set aside the judgment passed against the appellant/accused 2 by the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai by Judgment dated 08.10.2020 in C.C.No.77 of 2019 and acquit them from all the charges.)

1. The appellants herein are the accused, convicted by the I Additional Special Court for NDPS Act Offences, Chennai in CC No: 77/2019.

2. The case of the prosecution in brief is as under:-

On 16.12.2018 at about 22.00 hrs, Mr.Raja, Sub-Inspector of Police attached to SRMC Police Station received a secret information from his informant that narcotic drugs banned by the State is sold in front of the Multi-storied Residential Apartment at Porur by-pass Road. He reduced the information into writing. Informed his immediate superior-the Inspector of Police about the information received over phone and proceeded to the spot mentioned by the informant along with his team. On identification of the persons, who were selling narcotic drug near Osian Chlorophyil apartment, on seeing the police team, three persons tried to escape. They were apprehended and enquired. They disclosed their names as Chukwu Simon Obinna, a Nigerian national, Kumaresan, resident of Vanagaram and Arun Divakar, resident of Kannadapalayam, Avadi. After getting their names and address, they were told about the information received and was informed about the option to be searched before a Judicial Magistrate or a Gazatteed officer. They declined to exercise the option and permitted the Sub Inspector to proceed with the search. The substances carried by each of the accused were weighed and recovered contraband as below:-

In the computer bag carried by Kumaresan ( A-2):

1) White colour small plastic Cover inside cocain Drugs-Total Weight-18.00 Grams

2) White Colour Small Plastic Cover inside MDMA Drugs Total Weight 8.00 Grams

3) White Colour Small Plastic Cover insideMETH Drugs-Total Weight – 1.00 Grams

4) White Colour Small Plastic Cover inside Block METH Drugs-Total weight- 8.00 Grams

5) White Colour Small Plastic Covers inside Tablets ECSTACY pill Drugs-

Total weight-17.00 Grams

6) Small Electronic weigh Mechine-1

7) Apple lap top-1

8) Apple I Phone-2

9) Apple I pad-1

10) Cash Rs-42,000/- and

11) Small Size Empty Plastic Cover-3 bundles.

From A-1 Chukwu Simon Obinna:

1) Black colour small plastic cover inside tablet Ecstasy pill drugs-Total weight-200 Grams

2) International driving License Xerox-1

3) Samsung Cell Phone-1

4) Nokia Cell Phone-1 and

5) Cash-Rs.2450/-

From A-3 Arun Divakar:

White colour small plastic covers inside tablets ESCTACY pill drugs – total weight 20.00 grms.

3. A mahazar was drawn recording the recovery of the above drugs and same got completed by 00.15 hours on 17.12.2018. All the three accused were arrested. The contrabands recovered from them was sent for chemical analysis and the report from the State forensic Lab confirmed they are cocaine a narcotic drug, methamphetamine a psychotropic substance, Pseudoephedrine a controlled substance covered under NDPS Act used as precursor for manufacturing Methamphetamine a phsychotropic substance.

4. On completion of investigation, final report was filed before the Special Court for NDPS cases at Chennai. Based on the materials, the trial court framed charges against the accused as under:-

A-1: Mr. Chukwu Simon Obinna ( The appellant in CA 1174/2022)

i) Under Section 8 ( c ) r/w 29(1) of NDPS Act,

ii) Under Section 8 ( c ) r/w 22(c) of NDPS Act and

iii) Under Section8 ( c) r/w 28 of NDPS Act.

A-2: Mr. K.Kumaresan (The appellant in CA 434/2020)

i) Under Section 8( c ) r/w 29(1) of NDPS Act,

ii) Under Section 8( c ) r/w 22(c) of NDPS Act,

iii) Under Section 8( c) r/w 28 of NDPS Act,

iv) Under Section 8 (c) r/w 22 (b) of NDPS Act and

v) Under Section 8 (c ) r/w 20(b)(ii)(B) of NDPS Act.