Non-compliance with procedural requirements and doubts in prosecution evidence can lead to acquittal in drug offense cases.

JUDGMENT

The appellant/sole accused in C.C.No.529 of 2021 on the file of I Additional Special Court for NDPS Act Cases, Madurai, has filed this appeal, challenging the judgment of conviction and sentence passed against him on 13.04.2023, by which, he was convicted for the offence under Section 8(c) r/w 20(b)(ii)(C) of the NDPS Act for the alleged possession of 24 kg of ganja without any valid licence.

2.1. The brief facts of the case as follows:

When P.W.1 was working as Sub-Inspector of Police, NIB CID, Theni, Theni District, on 13.05.2021, at 04.20 am, he received a secret information from the informant, who appeared in person before the Police Station, about the appellant's illegal possession and transportation of 24 kg of ganja near Cumbam By-pass Road, Junction of cumbam Mettu Road, Theni. He recorded the said information in the General Diary and reduced it in writting under Ex.P.1 and informed the same to his Immediate Superior, P.W.2, the Inspector of Police, NIB CID, Theni, and got permission. Thereafter, at 04.45 am, P.W.1 and another police officer went to the spot with necessary equipments along with the informant and were on surveillance. At that time, the appellant came on a two wheeler bearing Reg.No.TN-60-S-6761 and the informant identified the appellant. P.W.1 and the other police officials intercepted the appellant and introduced themselves as police officers and he was informed about his right to be searched before the Judicial Magistrate or the Gazetted officer as required under Section 50 of the NDPS Act. The appellant consented to conduct the search by the officer himself and P.W.1 found a white coloured sack on the petrol tank of the two wheeler which was found to contain 24 kg of ganja and weighed the entire contraband and took the samples of S1 and S2 from the sack and properly sealed the same. He also properly sealed the remaining contraband. Thereafter, he arrested the appellant. The appellant also gave a confession and the same was recorded by P.W.1. P.W.1 brought the accused to the police station along with the entire contraband and sample and registered a case in Crime No.30 of 2021 for the offence under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act and prepared a detailed report under Section 57 of NDPS Act. Following the same, P.W.1 handed over the custody of the accused to P.W.2 along with the contraband, sample and report under Section 57 of the Act. The Inspector of Police produced the accused before the learned Judicial Magistrate, along with the recovered contraband and samples taken from the said contraband on 13.05.2021 and made a request to remand. After completing all the formalities, the learned Judicial Magistrate remanded the appellant in judicial custody. Thereafter, P.W.3 conducted investigation and filed the final report before the I Additional Special Court for NDPS Act Cases, Madurai, and the same was taken on file in C.C.No.529 of 2021.

2.2. The learned trial Judge issued summons to the accused and on his appearance, served the copies under Section 207 Cr.P.C. and framed the necessary charges and questioned the accused. The accused pleaded not guilty and stood trial.

2.3. The prosecution, to prove the case, examined P.W.1 to P.W.3 and exhibited 11 documents as Ex.P.1 to Ex.P11 and produced 3 material objects as M.O.1 to M.O.3. The learned trial Judge questioned the accused under Section 313 of Cr.P.C., proceedings by putting the incriminating evidence available from prosecution witnesses and documents. The accused denied the same as false and pleaded that a false case was registered against him since he failed to pay mamool to P.W.1 and the case was posted for examination of the witnesses on the side of the appellant. On the side of the defence, D.W.1 and D.W.2 were examined. D.W.1 specifically deposed about the demand of bribe by P.W.1 and the part of the amount given to P.W.1. Further, the corresponding documents