Crl.A.Nos.778 of 2022 & 486 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED

Crl.A.No.778 of 2022 on : 05.06.2023

&

Crl.A.No.486 of 2023 on : 07.06.2023

PRONOUNCED ON : 28.06.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.A.Nos.778 of 2022 & Crl.M.P.Nos.4492 & 5727 of 2023

and Crl.A.No.486 of 2023

Nishanth Rayan

...

Appellant in

Crl.A.No.778 of 2022

Balachandhar

...

Appellant in

Crl.A.No.486 of 2023

Vs.

State represented by its

Inspector of Police,

NIB-CID, Chennai.

Crime No.08 of 2020.

... Respondent

PRAYER: These Criminal Appeals have been filed under Section 374(2)

of Code of Criminal Procedure to set aside the judgment dated 29.06.2022

passed in C.C.No.92 of 2020 by the Principal Special Court under EC &

NDPS Act, Chennai.

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Crl.A.Nos.778 of 2022 & 486 of 2023

For Appellant

:

Mr.R.C.Paul Kanagaraj

in Crl.A.778 of 2022

For Appellant

:

Mr.N.Baaskaran

in Crl.A.No.486 of 2023

For Respondent

:

Mr.A.Gokulakrishnan

Additional Public Prosecutor

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.

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Crl.A.Nos.778 of 2022 & 486 of 2023

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

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Crl.A.Nos.778 of 2022 & 486 of 2023

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. Th