The integrity of police investigation is paramount, and significant discrepancies can lead to acquittal when reasonable doubt exists.

JUDGMENT

This Criminal Appeal has been preferred as against the judgment passed in CC.176/2021 by the learned Principal Special Judge, EC and NDPS Court, Chennai thereby convicting the appellants for the offences punishable under Section 235(2) Cr.P.C., Section 8 (c) r/w. 20(b)(ii)(C) of the NDPS Act and (c) r/w. 29(1) of the NDPS Act.

2. The case of the prosecution is that on 14.03.2021 the respondent police received an information from the informant that between 8.00 am and 9.00 am three persons were about to sell Ganja near Kamarajar statue at Thiruvallur. After receiving the information, the respondent police along with a team have mounted surveillance at the scene of occurrence. They have intercepted three persons who carried shoulder bags and after complying the mandatory formalities as contemplated under NDPS Act, the respondent police seized 21 kgs of Ganga from the possession of A1 and 21 kg of Ganja from the possession of A2 and A3 jointly and a FIR has been registered against the accused in Cr.No.11 of 2021 and they were arrested and remanded to judicial custody. The contraband was also seized from the accused and produced before the concerned Court. After completion of investigation the respondent filed a final report and the same has been taken cognizance by the trial Court in C.C.No.176/2021.

3. On the side of the prosecution P.W.1 to P.W.5 were examined and Exs.P1 to P22 were marked. The prosecution also produced the material objects M.O.1 to M.O.11. On the side of the accused D.W.1 and D.W.2 were examined and Exs.D1 to D3 were marked. On a perusal of the oral and documentary evidence the trial Court found the accused guilty for the offence punishable under Section 8 (c) r/w. 20(b)(ii)(C) of the NDPS Act and (c) r/w.29(1) of NDPS Act and they were sentenced for 12 years each and to pay a fine of Rs.1,00,000/- each for the offences punishable under (c) r/w. 20(b)(ii)(C) of the NDPS Act, in default to undergo a further period of six months Rigorous Imprisonment. They were also convicted and sentenced to undergo seven years Rigorous Imprisonment for 7 years each and to pay a fine of Rs.50,000/- each for the offences punishable under 8(c) r/w.29(1) of NDPS Act and in default to undergo a further period of six months Rigorous Imprisonment. Aggrieved by the same, the present Criminal Appeal has been preferred.

4. The prosecution have examined as P.W.1 to P.W.5. P.W.1 – Duty Officer/ Occurrence witness, had received information at about 06.15 p.m. as if the appellants are about to sell Ganja. Hence P.W.1 along with his team reached the scene of occurrence at about 08.00 a.m and at about 08.30 a.m. they made a search on the appellants after complying other mandatory provisions contemplated under the NDPS Act. At about 08.45 a.m., 09.00 a.m. and 09.15 a.m., the first appellant was found in possession of 21 kgs of Ganja and second and third appellants were found in possession of 21 kgs of Ganja, respectively. After taking sample from the contraband, the same has been seized at about 10.00 a.m. The remaining contraband was packed and all the appellants were served with arrest memo at about 10.30 a.m., 11.00 a.m. and 11.30 a.m. respectively and they were arrested at about 10.40 a.m., 11.15 a.m. and 11.45 a.m. respectively. The arrest memos were marked as Exs.P7, P8 and P9 respectively.

5. On perusing Exs.P7 to P9, it contains Crime No.11/2021. Though it was prepared by the Investigation Officer namely P.W.5, it was served to the accused at the scene of crime. As per P.W.1's evidence, only after serving arrest memo to the appellants, they were arres