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2025 Supreme(Mad) 3708
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SESHASAYEE, J.
Izuoba Augustine Chibuike - Appellant
Versus
Intelligence Officer Narcotic Control Bureau (NCB) - Respondent
Crl.A.No.786 of 2018
Decided on : 06-01-2025
Advocate Appeared:
For the Appellant : Mr.R.C.Paul Kanagaraj
For the Respondent: Mr.N.P.Kumar
Possession of commercial quantities of narcotics allows for a presumption of intent to sell, despite potential evidentiary discrepancies.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 21(c), and 67 - Conviction for trafficking cocaine - Accused was convicted and sentenced to 10 years rigorous imprisonment and a fine of Rs. 1,00,000/- for each count; sentences to run concurrently - The prosecution established the accused's possession of cocaine with substantial evidence, including confessions and witness testimonies, despite arguments about procedural violations and evidence credibility (Paras 2-7).
(B) Evidence - Presumptions under Evidence Act - The Court upheld that possession of commercial quantities of narcotics allows for presumption of intent to sell, under Section 106 of the Evidence Act (Para 4).
(C) Confession - Admissibility issues - The Court dismissed the concerns regarding the confession under Section 67, noting that the seizure was adequately established (Paras 6-7).
Facts of the case:
The accused was charged after being found with 190 grams of cocaine and later admitted to its possession, leading to his conviction under the NDPS Act (Paras 2-4).
Findings of Court:
The trial court's conviction was based on the substantial evidence presented, including the chemistry lab report confirming the drug’s identity.
Issues: The primary issues were the possession of cocaine by the accused and the validity of evidence presented, including the confession and the credibility of witnesses (Paras 5-8).
Ratio Decidendi: The Court confirmed the trial court’s conviction based on the established possession of narcotics and stated that procedural irregularities did not undermine the core evidence supporting the conviction (Para 7).
Result: Appeal dismissed; conviction upheld with the default sentence for non-payment of fine dropped.
| Table of Content |
|---|
| 1. conviction under ndps act (Para 1 , 2) |
| 2. trial court's evidence review (Para 3) |
| 3. evidence establishing cocaine possession (Para 4) |
| 4. appellant's counterarguments (Para 5) |
| 5. prosecution's response to defense claims (Para 6) |
| 6. court's analysis of arguments (Para 7) |
| 7. final judgment and order (Para 8) |
JUDGMENT :
1. This appeal is preferred by the sole accused in C.C. No. 62 of 2015 on the file of the I Additional Special Court for Exclusive Trial of Cases under NDPS Act challenging his conviction and sentence for offences under Section 8 (c) r/w. 21(c) and 28 of the NDPS Act. He was sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs. 1,00,000/-for each count of conviction and in default to undergo 1 year rigorous imprisonment for each of the offences.
And, both sentences were directed to run concurrently.
2.The case of the prosecution runs as below:
a) On 20.05.2015, at about 5 p.m. in the evening, Subash Chandra Sinha, Intelligence Officer, Narcotics Control Bureau (IO/PW1) received an information (Ex.P1) that one Izuoba Augustine Chibuike (Augustine/accused), a Nigerian national, was trafficking cocaine between Bangalore and Chennai; that he was peddling the same among users in Chennai city; that he was selling cocaine in small packets of 1 gram for Rs. 3,500/- to Rs. 4,000/- per packet in different places in Chennai; and that he was staying at 1st floor of 23/84, 5th Cross Street, Ramakrishna Nagar, Ernavur, Chennai-57.
b) On the same day, a search warrant (Ex. P2) was issued and the I.O. and his team reached the spot at around 9:45 p.m., conducted a search in the first floor of his residence in the presence of P.W.4 and P.W.5, two independent witnesses for the event.
c) Augustine admitted that he was in possession of cocaine and he brought out a red and black colour Delsey bag from his room. From this bag was taken out a transparent packet containing an off white colour powder, the powder was tested by the I.O. and it proved positive for cocaine.
d) The powder weighed 190 g in net. From it, two samples of 5 g each were drawn and placed in two separate polythene covers. And, after observing the necessary packaging and sealing procedure, the samples were marked as S1 and S2. The remaining 180 g was subject to the same procedure and was marked as P1.
e) Apart from cocaine, the following materials were seized from the room and bag of the accused:
➢ A Nigerian passport issued in favour of the accused (Ex. P6)
➢ International vaccination certificate of Prophylaxis issued in favour of the accused (Ex. P7)
➢ Jahan Travels Boarding Pass/Cash Receipt dated 18.05.2015 (Ex. P8)
➢ Three plastic adhesive tapes, two of black colour and one of red colour
➢ Indian Currency of Rs.1,50,000/- with denomination Rs.500x300
➢ One electronic pocket scale
➢ Red and black colour Delsey bag
➢ The plastic packet in which the off white powdery substance was found
f) The test memo (Ex.P4) and seizure mahazar (Ex. P3) were immediately prepared in the same spot and the same was signed by the I.O, the accused, and the two independent witnesses (PW4 and PW5). Further, they also signed on all the seized materials.
g) On 21.05.2015, the accused was issued with summons (Ex. P5) to appear before the NCB office, Chennai. On the said date, the accused gave his statement (Ex. P9) under Section 67 of the NDPS Act wherein he admitted that he used to buy the drug from Marian Brighton, a Nigerian lady from Bangalore and used to sell the drugs so purchased in Chennai for Rs. 3,000/- per gram, and that he purchased the drug seized by the I.O. from the same lady on 19.05.2020. He also handed over the phone with which he used to contact her (MO. III).
h) On the same day, at 12 p.m., he was taken to the Judicial Magistrate, Ambattur who remanded him to judicial custody and he was lodged in Central Prison, Puzhal, Chennai on the same day.
i) On 22.05.2015, the test memo (Ex. P4) along with the samples of the seized contrabands in S1 were sent to the
