COMMON JUDGMENT

Challenging the judgment dated 29.06.2022 passed in C.C.No.92 of

2020 by the Principal Special Court under EC & NDPS Act, Chennai, the present criminal appeals have been filed.

2. Since both the appellants are the accused in Crime No.08/2020 as well as C.C.No.92 of 2020 and the fact of the case is also one and the same, common judgment has been passed in both the criminal appeals.

3.The appellant in Crl.A.No.778 of 2022 is the second accused and the appellant in Crl.A.No.486 of 2023 is the third accused in C.C.No.92 of 2020 on the file of the Principal Special Court Under EC and NDPS Act, Chennai.

4.The respondent police prosecuted the accused persons/A2 & A3 for having committed offences punishable under Sections 8(c), 22(c), 20(b)(ii)(B), 25 and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 and the prosecution examined four witnesses PW1 to PW4 and marked 19 documents as Ex.P1 to Ex.P19 besides produced 11 materials objects MO1 to MO11.

5.The case of the prosecution as stated by the trial Court is as follows On 22.02.2020 at 3.00 a.m. PW1/Mr.Selvin Santhakumar had received information from the informer that on 22.02.2020 at around 6.30 a.m. near NISSI super market, Senthil Nagar, Kolathr, Chennai, three persons, who are known to him, are going to come in 2 two wheelers bearing Reg.No.TN 13-M-0288 blue colour Dominor Bike and TN 05 – AR-7670 black colour Pulsar bike along with contrabands LSD Stamps, Methamphetamine and ganja for the purpose of selling. PW1 had informed the same to Mr.Riyasudeen, DSP Kancheepuram, who was in charge of Chennai and after that, he also got permission through writings. The said information is marked as Ex.P1. PW1 went to the spot along with Mr.Manimaran, Head- Constable and Mr.Sudhakar, Head – Constable / PW2 with NDPS Kits. They reached the spot at 6.30 a.m. while they watching, the informer had identified the suspected persons to PW1, who came to the spot with two wheelers bearing Reg.No.TN 13-M-0288 blue colour Dominor Bike and TN 05 – AR-7670 black colour Pulsar bike. They intercepted the suspected persons. They introduced themselves and informed about the information which received from the informer and informed about the search. PW1 had also informed about their rights u/s. 50 of the Act to the said two persons, for which, they have rights to conduct a search before any Judicial Magistrate or any Gazetted Officer. PW1 had requested Karthick and Manivannan to be the witnesses for the search but they refused. Further, the suspected persons had given permission to conduct search by the police. PW1 had issued search notice to them. The search notice is marked as Ex.P2. PW1 had searched them in the presence of Sudhakar, Head-Constable/PW2 and Manimaran, Head Constable. While searching the 1^st accused Vasanthakumar had taken 4 zip-lock covers from his right pant pocket and produced before PW1. In one zip lock cover, there was 22 tablets in the name of NASA. They were blue in colour, weighed at 9.01 grams and it was sealed and marked as P1. Before the Court, it was marked as M.O.1. The second parcel contained 17 tablets in the name of CALL SECURE and they were also blue in colour. It was tested and found to be MDMA Tablets and it was tested and found to be MDMA Tablets weighed 6.99 grams. It was sealed and marked as P2 and the same was marked as M.O.2 before this Court. The third zip-lock cover contained 100 LSD stamps which marked smiley and 100 stamps which blue in colour and the total 200 LSD Stamps were weighed 3.56grams. It was sealed and marked as P3 and the same was marked as M.O.3 before this Court. The fourth zip-lock cover contained Methamphetamine and it was weighed 20 grams. It was sealed and marked as P4 and the same was marked as M.O.4 before this Court. In the seizure mahazar/Ex.P3, the 1^st accused, police witnesses and PW1 had signed. The said seizure mahazar was prepared at 7.00 a.m. on 22.02.2020 by PW1 and got signatures from the 1^st accused and witnesse