1

Bail Slip

The Appellant/Sole Accused namely Mani, S/o.Arumugham, was

directed to be released on bail as per order of this Court dated

29/10/2012 made in Crl.MP.No.1 of 2012 in Crl.A.No.755 of 2012

on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

Crl.A.No .755 of 2012

Mani

... Appellant/Accused

vs.

The Inspector of Police,

NIB, CID, Chennai.

... Respondent/Complainant

(Cr.No.147 of 2004)

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

Cr.P.C, praying to set aside the conviction and sentence

rendered by the learned I Additional Special Judge for NDPS Act,

Chennai, dated 14.09.2012 in C.C.No.225 of 2005 on Crime

No.147/2004 for the offence under Section 8(c) r/w 20(b)(ii)(B)

of NDPS Act and to acquit the accused.

For Appellant

: Mr.R.Ganesh,

Legal Aid Counsel

For Respondent : Mr.T.Shanmugarajeswaran,

Government Advocate (Crl.Side)

JUDGMENT

This criminal appeal has been filed against the judgment of

conviction made by the learned I Additional Special Judge for

NDPS Act, Chennai, dated 14.09.2012 in C.C.No.225 of 2005.

2

Case of the prosecution is that while P.W.2/the Sub

Inspector, NIBCID, Chennai, was on duty, on 08.12.2004 at 11.00

hrs, had received a secret information, about the illicit sale

of Ganja Narcotic Drug by the appellant/accused near Presidency

College, Junction of Barathiar Road and Kamarajar Road in near

Subway entrance, Triplicane, Chennai-5. P.W.2 reduced the same

into writing and submitted to his immediate superior P.W.4,

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

2

Inspector/Investigating Officer, and after obtaining necessary

permission, proceeded to the place of occurrence along with team

members with necessary equipments. P.W.2 and the team after

reaching the place at 12.15 hrs mounted surveillance and through

the informant, the accused was identified. The Police Officers

surrounded the accused and introduced themselves, on enquiry the

accused revealed his name and he was informed about the

information received and also 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. P.W.2 approached the

persons nearby the occurrence place, but, they only told their

names and denied to stand as witness. Therefore, P.W.3 and one

another police official, who accompanied P.W.2, were stood as

witnesses. 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 narcotic drug Ganja weighing 1.500 Kgs. P.W.2 had

drawn out samples M.O.1 & M.O.2 50 grams each and M.O.3 bulk

cocaine, packed and sealed and obtained signatures of accused

and witnesses. Thereafter, prepared recovery Mahazar/Ex.P5 and

since the accused has no valid licence or permit for his

conscious possession of Ganja, issued arrest memo Ex.P6 and

arrested the appellant/accused and the same was duly intimated

to his close relatives. P.W.2 prepared report under Section 57

of NDPS Act, which was marked as Ex.P9 and handed over all the

proceedings to P.W.4. FIR was registered in Cr.No.147 of 2004

against the accused. P.W.4 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 a complaint against the

appellant/accused, for the offence under Sections 8(c) r/w 20

(b)(ii)(B) of NDPS Act, which was taken on file by the learned

Special Judge, Additional Special Court under NDPS Act, Chennai,

in C.C.No.225 of 2005.