Bail Slip

That the Appellant/Accused viz Raja @ Kulla Raja S/o Ramkumar,

was directed to be released on bail as per order of this court

dated 28/3/13 made in M.P.No.1/13 in Crl.A.No.232/13 on the file

of this court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

Crl.A.No.232 of 2013

Raja @ Kulla Raja

...Appellant/Accused

Vs.

State by:

The Inspector of Police,

P.5, M.K.B.Nagar Police Station,

Chennai.

...Respondent/Complainant

The Criminal Appeal filed under Section 374(2) of Code of

Criminal Procedure seeking to set aside the judgment of

conviction and sentence passed by the learned I Additional

Special Judge for NDPS cases, Chennai, made in C.C.No.243 of

2005 dated 20.03.2013.

For Appellant : Mr.Ganesh Rajan

For Respondent

: Mr.R.Ravichandran

Govt. Advocate (Crl.Side)

Judgment

This criminal appeal has been filed against the judgment of

conviction dated 20.03.2013 made in C.C.No.243 of 2005 by the

learned I Additional Special Judge for NDPS Act, Chennai.

2

According to prosecution, while P.W.2, the Sub

Inspector of Police, NIB CID, Chennai, was on duty, had received

information about the illicit sale of Heroin by the accused.

Immediately, P.W.2 had reduced the same into writing and

submitted before his immediate higher officer, P.W.4/the

Inspector of Police and obtained permission to proceed further.

Thereafter P.W.2 proceeded with his team to the place of

occurrence and identified the accused through informer. They

introduced themselves and the accused was informed about his

right to be searched either before the Magistrate or before the

https://hcservices.ecourts.gov.in/hcservices/

Gazetted Officer and P.W.2 enlightened about Section 50(1) of

the NDPS Act, through Ex.P4 Notice, wherein the

appellant/accused signed and refused to avail the rights

provided under Section 50 of NDPS Act and stated that the

officer/P.W.2 himself can made search. Thereafter, P.W.2 called

two persons, who were available at the place, since they had

refused to come as witness for the search to be made, P.W.2

searched the accused before two witnesses, who were accompanied

with him and recovered contraband i.e.7 gms of Heroin.

3

P.W.2 packed the contraband in brown cover, tied and

sealed and obtained signatures of accused and witnesses.

Thereafter, prepared recovery Mahazar Ex.P5 and issued arrest

memo Ex.P6 and inspection memo was marked as Ex.P7. After coming

to the Police Station, P.W.2 had prepared his special

report/Ex.P10, FIR/Ex.P9 and Form 95/Ex.P11 and entrusted all

the above to P.W.4, the Inspector of Police for further

investigation.

4

P.W.4, the Inspector of Police after receiving

Ex.P10/Report from P.W.2, since the accused had no valid license

or any permission for possession of the contraband, had

registered a case in Crime No.332 of 2004 against the

appellant/accused under Sections 8 (c) r/w 21 (b) of NDPS Act,

1985, and after investigation, had filed a final report and

forwarded all the above to the learned Magistrate and thereafter

transferred to the learned Special Judge, I Additional Special

Court under NDPS Act, Chennai, which was taken on file in

C.C.No.243 of 2005.

5

Before the trial Court, in order to prove the case of

the prosecution, P.W.1 to P.W5 were examined and Ex.P1 to Ex.P13

were marked along with one Material Object, which was the

contraband, seized from the accused. On the side of the accused,

D.W.1 & D.W.2 were examined and Ex.D1 to Ex.D3 were marked.

6

The learned Special Judge, after trial, found the

accused guilty of offence under Sections 8 (c) r/w 21 (b) of

NDPS Act, 1985, and by judgment dated 20.03.2013, convicted him

and sentenced to undergo rigorous imprisonment for a period of

six months and to pay a fine of Rs.