IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

Crl.A.No.640 of 2014

Chukwuemeka Damasus Chinedu @ Damas

... Appellant

vs.

State represented by

The Intelligence Officer,

Narcotics Control Bureau,

Chennai Zonal Unit, Chennai.

(NCB F.No.48/1/3/2012/NCB/MDS)

... Respondent

The Criminal Appeal has been filed under Section 374(2) of

Cr.P.C, praying to set aside the conviction of the appellant in

C.C.No.25 of 2012 dated 05.11.2014 by the learned Principal

Special Judge, Special Court under EC & NDPS Act, Chennai, by

allowing this appeal.

For Appellant

: Mr.M.Nallathambi,

Legal Aid Counsel

For Respondent : Mr.N.P.Kumar,

Special Public Prosecutor

****

JUDGMENT

This criminal appeal has been filed against the judgment of

conviction dated 05.11.2014 made in C.C.No.25 of 2012 by the

learned Principal Special Judge, Special Court under EC & NDPS

Act, Chennai.

2

Case of the prosecution is that while P.W.1/the

Intelligence Officer, was on duty, on 11.02.2012, had received a

secret information, about the illicit sale of Narcotic Drug

cocaine by the appellant/accused and he was staying in Sukavi

Guest House, situated at No.18, Boobegum Street, Mount Road,

Chennai and was in possession of 122 grams of Cocaine. P.W.1

reduced the same into writing and submitted to his immediate

superior the Superintendent, NCB, and after obtaining necessary

permission, proceeded to the place of occurrence along with team

members with necessary equipments. P.W.1 and the team after

reaching the place, introduced themselves with the persons

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

available in the reception of the said Guest House. The persons,

who were present in the reception were requested to stand as

witness and they also agreed for the same. Therefore, the police

officials along with the witnesses went to room No.203, where

the accused was staying and knocked the door, the accused came

out. P.W.1 had shown his identity card and also the accused was

informed about his right to be searched either before the

Magistrate or before the Gazetted Officer and enlightened about

Section 50 of the NDPS Act, but the appellant/accused told that

it was not necessary to take him to a Magistrate or a Gazetted

Officer and instead, stated that the officer himself can do

search. When the accused was specifically questioned as to

whether he had in possession of any narcotic drug, the

appellant/accused handed over a white colour polythene, which

contains 122 small packets and it was found that the same is

narcotic drug cocaine weighing 122 grams. P.W.1 had drawn out

samples M.O.1 & M.O.2 5 grams each and M.O.3 bulk cocaine,

packed and sealed and obtained signatures of accused and

witnesses and also recovered MOs.4 to 6. Thereafter, prepared

recovery Mahazar and since the accused has no valid licence or

permit for his conscious possession of cocaine, issued arrest

memo Ex.P19 and arrested the appellant/accused. On the next day,

P.W.1 was instructed to hand over the papers to P.W.3.

Accordingly P.W.1 handed over the proceedings to P.W.3. P.W.6

was instructed to carry out further investigation and he also

investigated the matter further and recorded statement of

accused under Section 67 of NDPS Act and after completing

investigation filed complaint against the appellant/accused,

for the offence under Sections 8(c) r/w 29 and 21(c) of NDPS

Act, which was taken on file by the learned Principal Special

Judge, Special Court under EC & NDPS Act, Chennai, in C.C.No.25

of 2012.

3

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

the prosecution, P.W.1 to P.W6 were examined and Ex.P1 to Ex.P42

were marked along with Material Objects 1 to 6. On the side of

the accused, no one was examined and no document was marked.

4

The learned Principal Special Judge,