Bail Slip The Appellant herein/Accused namely Babu, aged 26 years S/o.Kesavan, was directed to be released on bail as per the order of this Hon'ble Court dt.03/09/12 in MP.No.1/12 in Crl.A.No.537/12 on the file of this court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 12.03.2019 CORAM:

THE HONOURABLE MR. JUSTICE DR.G.JAYACHANDRAN Criminal Appeal No.537 of 2012 Babu Appellant Vs The State Rep by Inspector of Police NIBCID, Chennai-39 Respondent Prayer: Criminal Appeal is filed under Section 374(ii) of the code of Criminal Procedure, praying to set aside the conviction and sentence imposed upon the appellant/accused in CC No.193 of 2005 on the file of I Additional Special Court under NDPS Act, Chennai dated 10.08.2012.

For Appellant : Mr. G.S. Magesh For Respondent : Ms.P. Kritika Kamal Government Advocate J U D G M E N T This Criminal Appeal is directed against the Judgment of the trial Court holding the accused guilty of offence under Section 8(c) r/w 20 (b) (ii) (B) of NDPS Act 1985 amended by Act 9/2001.

2. The brief facts of the prosecution case is that on

04.04.2004, M.Royappan Yesunesan, the Sub-Inspector attached to NIBCID, received an information over phone from his informant that one Babu S/o Kesavan likely to come to Old Jail Road, Near Madi Park bus stop, Royapuram, Chennai, between 14.00 hours to 16.00 hours with Ganja to sell it to the perspective buyers. On receiving the information at about 13.00 hours, the same was reduced to writing by 13.15 hours and placed before his immediate superior, Inspector of Police Ashok Kumar, who in turn permitted Royappan to proceed. Accordingly, Royappan proceeded to the spot along with the head constable Dhananjeyan and Sekar. They reached the spot by 14.30 hours. The informant identified the accused, who was carrying yellow colour polythene bag in his hand. After intercepted him, the accused was interrogated and on confirming his identity, he was offered the right of being searched before the Gazetted Officer or nearest Magistrate. The Search Notice was reduced in writing. The answer of the accused declining the offer was also recorded in the Search notice. Thereafter, the bag carried by the accused was searched and have found 1.300 kgs of Ganja in it. After drawing two samples of 50 gms each from the bulk, the samples and the bulk were separately packed, sealed and labeled with details. The Seizure was recorded by way of Mahazar. The accused was arrested on 15.30 hours and brought to the station. The detailed report under Section 57 of NDPS Act was forwarded by Royappan to the Inspector of Police Ashok Kumar. The sample drawn was sent for analysis. The report from the Laboratory proved it as “Canabinoid”. On completion of the investigation, Final Report was filed by the Inspector of Police.

3. To prove the case, prosecution has examined 4 witnesses, 12 exhibits and 3 material objects were marked. The Chemical Analyst Sankar Kumar was examined as PW 1. The requisition letter from the Court and the Analysis Report are marked as Ex.P.1 and Ex.P.2 respectively. Royappan, the Sub-Inspector of Police was examined as PW-2. The information received by him about the illicit trafficking of Ganja by the accused was marked as Ex.P.3. The Search Notice under Section 50 of NDPS Act was marked as Ex.P.4. Mahazar drawn for recovery of 1.300 kgs of Ganja from the accused was marked as Ex.P.5. Based on the materials placed before the Court, the trial Court held the accused guilty of the charge and convicted him to undergo 7 months rigorous imprisonment and to pay a fine of Rs.5,000/-, indefault to undergo further period of imprisonment of 1 month rigorous imprisonment.

4. Aggrieved by the above conviction and sentence, the present Criminal Appeal is filed.

5. The learned Counsel appearing for the appellant would point out the following infirmities in the prosecution case.

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While the informant has given a secret information to the Sub-Inspector of police PW-1, that the accused will come near Madi Pa