hiru.K.J.Saravanan, Learned Special Public Prosecutor, for the Complainant and upon hearing the arguments of M/s. A.Manoj Kumar and having stood over for consideration till this day, this Court delivered the following :
JUDGMENT
FORM A
IN THE COURT OF PRINCIPAL SPECIAL COURT UNDER EC & NDPS ACT CHENNAI.
PRESENT: Tmt.C.THIRUMAGAL, M.L.
Principal Special Judge, EC & NDPS Court, Chennai
Date of Judgment: 02-07-2024
Calender Case No.187/2019 in
CNR.No.TNCH0A-003535-2019
in
Crime No.218/2019
(On the file of Inspector of Police, E3. Teynampet Police Station)
COMPLAINANT Rep. by:
The Inspector of Police,
E3. Teynampet Police Station.
REPRESENTED BY Thiru.K.J.Saravanan,
Special Public Prosecutor
ACCUSED A1.Subramani, S/o.Egambaram
A2.Naveen Kumar, M/A 35 (2018),
S/o.Sundar Raj,
No.541. Giriyappa Road, T.Nagar, Chennai-17.
A3.Nallathambi, S/o.Palayam
A4.Imrankhan, S/o.Ikpal
A5.Vignesh, S/o.Arjunan
(The case has been split-up in C.C.No.5/2020 against A1, A3 to A5)
REPRESENTED BY M/s. A.Manoj Kumar
FORM B
Date of Offence 18.11.2018
Date of FIR 18.11.2018
Date of Charge sheet 02.12.2019
Date of Framing of Charges 27.01.2020
Date of commencement of evidence 12.02.2020
Date on which Judgment is reserved 28.06.2024
Date of the Judgment 02.07.2024
Date of the Sentencing Order, if any 28.06.2024
Accused Details:
Rank of the
Accused Name of the Accused Date of Arrest Date of release on bail Offences charged with Whether acquitted or convicted Sentence Imposed Period of detention undergone during the trial for the purposes of Section 428
Cr.P.C.
- Subramani,
S/o.Egambaram 18.11.18 The case has been split-up in C.C.No.5/2020 against A1,
A3 to A5 - Naveen
Kumar,
S/o.Sundar Raj 18.11.18 Released on bial by this court in
Crl.M.P.No 1040/2018, dt.4.1.19 dt.30.1.21 U/s.8(c) r/w 20(b) (ii)(B) and 29(1) of the NDPS
Act Convicted Mentioned below Mentioned below - Nallathambi, S/o.Palayam 18.11.18 The case has been split-up in C.C.No.5/2020 against A1,
A3 to A5 - Imrankhan, S/o.Ikpal 18.11.18
- Vignesh,
S/o.Arjunan 18.11.18
FORM C
LIST OF PROSECUTION/DEFENCE/COURT WITNESSES
A. Prosecution:
RANK NAME NAME OF EVIDENCE
PW1 Tr.Tirumal Duty Officer/Occurrence Witness
PW2 Tr.Ramesh Investigating Officer
B. Defence Witnesses : NIL
C. Court Witnesses, if any: NIL
LIST OF PROSECUTION/DEFENCE/COURT EXHIBITS
A. Prosecution:
Sr.No Exhibit Number Description
1 Exhibit P-1/PW1 Information
2 Exhibit P-2/PW1 Search Notice
3 Exhibit P-3/PW1 Seizure mahazar
4 Exhibit P-4/PW1 Report u/s.57 of the NDPS Act
5 Exhibit P-5/PW2 First Information Report
6 Exhibit P-6/PW2 Admissible portion in Voluntary confession of A1
7 Exhibit P-7/PW2 Seizure mahazar
8 Exhibit P-8/PW2 Arrest intimation of A2
9 Exhibit P-9/PW2 Form-91
10 Exhibit P-10/PW2 This court’s letter to Lab
11 Exhibit P-11/PW2 Lab Report
12 Exhibit P-12/PW2 Alteration Report
B. Defence: NILC. Court Exhibits: NIL
D. Material Objects:
Sr.No MO Number Description - MO1/PW1 S1 – Sample
- MO2/PW1 S2 – Sample
3 MO3/PW1 P1- remaining bulk contraband
4 MO4/PW1 Empty plastic covers
5 MO5/PW1 Heat Sealing machine
This case came up on 28.06.2024 for final hearing before me, upon perusing the material papers on record and upon hearing the arguments of
Thiru.K.J.Saravanan, Learned Special Public Prosecutor, for the Complainant and upon hearing the arguments of M/s. A.Manoj Kumar and having stood over for consideration till this day, this Court delivered the following :
JUDGMENT
The Charge Sheet has been filed by the Inspector of Police, E3.Teynampet P.S. that A1 to A5 had a criminal conspiracy with them and in pursuance of that criminal conspiracy, on 18.11.2018 at 16.00 hours at the resident of A1 ie.No.208. Giriyappa Road, T.Nagar, Chennai, A1 to A5 were found in illegal possession of 1.900 Kgs of ganja for the purpose of selling and thereby accused A1 to A5 have committed an offence u/s. 8(c) r/w 20(b)(ii)(B) of the NDPS Act r/w sec.34 of the IPC. - The prosecution case is as follows :
On 18.11.2018 at 16.00 hours, Mr.Tirumal(PW1), Sub-Inspector of Police, E3.Teynampet Police Station had received an information from the informant while he was in duty at station that on 18.11.2018 at 04.00 p.m. the person namely Subramani @ Amuldoss, S/o.Ekambaram at his resident ie No.208. Giriyappa Road, T.Nagar, Chennai-17 along with his partners are packing ganja in a small packets for the purpose of selling. PW1 reduced the same in Ex.P.1 and submitted the same before his superior PW2/Mr.Ramesh, Inspector of Police and had obtained permission from him for further proceedings according NDPS Act. After obtaining permission, PW1 proceeded to the spot along with LW2/Mr.Elangovan, Headconstable and LW3/Mr.Selvakumar, GrI PC with NDPS Kits. On identification made by the informant, PW1 and his team had secured all the suspected persons at the resident of A1. PW1 and his team enquired them. They revealed their names and addresses and PW1 conveyed them about the information which already he received. Further he conveyed them to be searched and also explained them the provisions of
Section 50 of NDPS Act that they have the right to be searched before a Gazetted Officer or a Magistrate. All the five persons allowed PW1 to search them. PW1 had conducted the search in the presence of official witnesses such as LW2/Mr.Elangovan, Head-constable and LW3/Mr.Selvakumar, GrI PC. The search notices to A1 to A5 is marked as Ex.P.2. PW1 had got signatures of accused persons as well as witnesses in Ex.P.2 and he also signed them. PW1 had searched. At the time of search, they had produced one black colour plastic cover, some small covers,which would use for packing the contraband and one Heat sealed machine. PW1 opened the said cover which contained contraband to be ganja. The said cover was weighed. The weight of the contraband is 1.900 Kgs. Two samples each weighing 50 grams were drawn from the said contraband. The samples and the remaining contraband were packed separately and sealed them in a separate manner. Detailed labels were pasted on them which signed by the accused, witnesses and
PW1. All were seized under mahazar in the presence of witnesses under mahazar at 18.00 hours to 19.30 hours. The seizure mahazar is marked as Ex.P.3. PW1 returned to station along with accused persons and seized contraband. He had handed over the same to PW2/Mr.Ramesh, Inspector of Police, E3.Teynampet P.S. along with report u/s.57 of the NDPS Act. The said report is marked as Ex.P.4. PW2 had registered an FIR in Crime No.1139/2018 u/s.8(c) r/w 20(b)(ii)(B) of the NDPS Act. The said FIR is marked as Ex.P.5. He had also recorded the voluntary confession of A1 in the presence of witnesses. The admissiable portion of the voluntary confession of A1 is marked as Ex.P.6. He had arrested the accused persons A1 to A5. On the basis of voluntary confession of A1, PW2 had seized A1’s two wheeler Honda Activa bearing Reg.No.TN09-CK-2054, which was used by A1 for illicit transportation of ganja under mahazar in the presence of LW3/Mr.Selvakumar and LW4/Mr.Raja, S/o.Subramani. The said seizure mahazar is marked as Ex.P7. The arrest intimation of A2 is marked as Ex.P.8. He recorded the statements of all witnesses. Then he produced the accused persons A1 to A5 before the learned XVIII Metropolitan Magistrate, Saidapet for remand along with properties under Forms-91 and the accused were remanded to judicial custody. The Forms-91 are marked as Ex.P.9. The contraband along with samples and vehicles were produced by PW2 before this court on 19.12.2018 vide A.No.273/2018 and B.No.62/2018 along with requisition to send the samples to lab. On requisition of PW2, the samples were sent to Lab vide this court’s letter to lab. This court’s letter to lab is marked as Ex.P.10. After completion of chemical examination, Mrs.Meenatchi(LW5), Chemical Examiner had sent the lab report to this court, which is marked Ex.P.11. PW2 had recorded the statement of Mrs.Meenatchi(LW5), Chemical Examiner. Alteration report was also filed by PW2. After completing investigation, PW2 had filed the Charge Sheet against A1 to A5 u/s.8(c) r/w 20(b)(ii)(B) of the NDPS Act @ u/s.8(c) r/w 20(b)(ii)(B) of the NDPS Act r/w Sec.34 of IPC. - After furnishing copies, since long pending of NBW against A2, the case was split-up as C.C.No.5/2020 against A1, A3 to A5 and hence this court had ordered for trail against A2 alone in this case ie. C.C.No.187/2019.
- After hearing the arguments of both the Learned Special Public prosecutor,the Learned Counsel for A2 and on perusal of records, having found that there were prima facie materials available to frame charges against the accused A2, this court framed charge against the accused A2 U/s. 8(c) r/w 20(b)(ii)(B) and 29(1) of the NDPS Act. When the charge was read over and explained to the accused, he admitted same, pleaded guilty and filed guilty memo.
- On completion of the examination of the prosecution witnesses, the accused were questioned u/s.313 Cr.P.C., explaining the incriminating circumstances in the evidence of the prosecution witnesses against them. And the accused denied the same. On the side of the prosecution PW1 and PW2 were examined. Ex.P.1 to Ex.P12 were marked and M.O.1 and M.O.5 were also marked. On the side of the accused, no witness was examined and no exhibits were marked on the side of A2 and no material objects were marked. Heard the arguments of both sides.
- Whether the prosecution had proved the charges u/s.8(c) r/w 20(b)(ii)(B) and 29(1) of NDPS Act against A2.?
- THE REASONS FOR THE DECISION:
- Originally, the charge sheet had been laid against A1 to A5. After furnishing copies, since long pending of NBW against A2, the case was split-up as C.C.No.5/2020 against A1, A3 to A5 and hence this court had ordered for trail against A2/Naveen Kumar alone in this case ie. C.C.No.187/2019. After hearing the arguments of both the Learned Special Public prosecutor, the Learned Counsel for A2/Naveen Kumar and on perusal of records, having found that there were prima facie materials available to frame charges against the accused A2/Naveen Kumar, this court framed charge against the accused A2 alone U/s. 8(c) r/w 20(b)(ii)(B) and 29(1) of the NDPS Act. When the charge was read over and explained to the accused, he admitted same, pleaded guilty and filed guilty memo. Since the case is under Special Act, this court had ordered for trial.
- From over all perusal of records, on 18.11.2018 at 16.00 hours PW1/Mr.Thirumal, Sub-Inspector of Police, E2.Teynampet P.S. had received an information through phone while he was on duty at Station. He reduced the said information in writing. The information is marked as Ex.P.1. He also submitted the said information/Ex.P.1 before his superior PW2/Mr.Ramesh, Inspector of Police, E2.Teynampet for getting permission. In this regard, PW2 had also signed in Ex.P.2. As per Sec.42(2) of the NDPS Act, “Where an officer takes down any information in writing under sub-section (1) or records ground for his belief under the proviso thereto, he shall within seventy-two hours send a copy thereof to his immediate official superior.” Therefore, the mandatory provision u/s.42(2) of the NDPS Act was complied by PW1.
- After obtaining permission, PW1 along with police team LW2/Mr.Elangovan, Head-constable and LW3/Mr.Selvakumar, GrI PC. with necessary kits had gone to the Spot. On identification made by the informant, PW1 along with his team had secured the accused A2/Naveen Kumar along with other accused persons at the resident of A1 ie. No.208. Giriyappa Road, T.Nagar, Chennai17. After completion of enquiry, PW1 had confirmed that the accused persons were in illegal possession of ganja. Since the independent witnesses had refused to be the witnesses for search and seizure, PW1 had requested the police persons LW2/Mr.Elangovan, Head-constable and LW3/Mr.Selvakumar, GrI PC, who accompanied him to be the witnesses for search and PW1 had also conveyed his right under u/s.50(1) of the NDPS Act for which he has rights to be conducted a search before any Judicial Magistrate or any Gazetted Officer. PW1 issued search notice to suspected persons. The search notice is marked as Ex.P.2. In Ex.P.2, signatures of accused persons and witnesses were obtained by PW1 and PW1 also signed in that notice. Therefore, the mandatory provision u/s.50(1) of the NDPS Act was also complied by PW1.
- On search made by PW1, the accused persons had produced a black colour plastic cover, some small covers,which would use for packing the contraband and one Heat sealed machine. PW1 opened the said cover which contained contraband to be ganja. The said cover was weighed. The weight of the contraband is 1.900 Kgs. Two samples each weighing 50 grams were drawn from the said contraband. The samples and the remaining contraband were packed separately and sealed them in a separate manner. Detailed labels were pasted on them which signed by the accused, witnesses and PW1. All were seized under mahazar in the presence of witnesses under mahazar at 18.00 hours to 19.30 hours. The seizure mahazar is marked as Ex.P.3. Though the contraband was seized at the resident of A1/Subramani @ Amuldoss, at the time of seizure this accused A2/Naveen Kumar was also present at the resident of A1. Packing covers and Heat sealed machine were also seized at the resident of A1. The sample S1, S2 and remaining contraband P1 are marked as MO1 to MO3 respectively. The samll packing covers and head Sealed machine are also marked as MO4 and MO5 respectively. After completion of seizure, PW1 had returned to station and handed over the accused persons and seized contraband to his superior PW2 along with report u/s.57 of the NDPS Act, which is Ex.P.4. PW2 had registered an FIR in Crime No.1139/2018 u/s.8(c) r/w 20(b)(ii)(B) of the NDPS Act. The said FIR is marked as Ex.P.5. He had also recorded the voluntary confession of A1 in the presence of witnesses. The admissiable portion of the voluntary confession of A1 is marked as Ex.P.6. He had arrested the accused persons A1 to A5. On the basis of voluntary confession of A1, PW2 had seized A1’s two wheeler Honda Activa bearing Reg.No.TN09-CK-2054, which was used by A1 for illicit transportation of ganja under mahazar in the presence of LW3/Mr.Selvakumar and LW4/Mr.Raja, S/o.Subramani. The said seizure mahazar is marked as Ex.P7. The arrest intimation of A2 is marked as Ex.P.8. He recorded the statements of all witnesses. Then he produced the accused persons A1 to A5 before the learned XVIII Metropolitan Magistrate, Saidapet for remand along with properties under Forms-91 and the accused were remanded to judicial custody. The Forms-91 are marked as Ex.P.9. The contraband along with samples and vehicles were produced by PW2 before this court on 19.12.2018 vide A.No.273/2018 and B.No.62/2018 along with requisition to send the samples to lab. On requisition of PW2, the samples were sent to Lab vide this court’s letter to lab. This court’s letter to lab is marked as Ex.P.10. After completion of chemical examination, Mrs.Meenatchi(LW5), Chemical
Examiner had sent the lab report to this court, which is marked Ex.P.11. PW2 had recorded the statement of Mrs.Meenatchi(LW5), Chemical Examiner. The chemical analyser Mrs.Meenatchi/LW5 had given the Report/Ex.P.11 in a clear manner. In that Report/Ex.P.11, it is mentioned as follows:-
‘இம்மாதிாியில் கெ னபினாயிடு ள் இருப்பது ண்டறியப்பட்டது. அறிக்கை – இம்மாதிரி ஞ்சா.’ - PW2Mr.Ramesh had laid Charge Sheet against the accused. So as such the prosecution had clearly proved the charge u/s.8(c) r/w 20(b)(ii)(B) of the NDPS Act against the accused A2/Naveen Kumar through evidence PW1 and PW2 and documents Ex.P.1 to Ex.P.12. Apart from that the accused A2/Naveen Kumar had also admitted his guilt while framing of charge against him. There is no linking materials and evidence to prove the criminal conspiracy. Therefore, the charge u/s.29(1) of the NDPS Act has not proved against this accused A2/Naveen Kumar.
- In the result, Accused is found guilty u/s.8(c) r/w 20(b)(ii)(B) of the NDPS Act.
- With regard to the sentence to be imposed, the accused was questioned. He replied as follows:
A2: ehd; Fw;wthsp xg;g[f;bfhs;fpnwd;/ Fiwe;jgl;r jz;lid
tH’;FkhW nfl;Lf;bfhs;fpnwd;/** - The plea of the accused considered. The seized contrabands from the accused is intermediate quantity. It causes deadly impact on the society.
- Accordingly accused is sentenced u/s. 235(2) Cr.P.C. to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.50,000/for the offence u/s. 8(c) r/w 20(b)(ii)(B) of the NDPS Act, and in default of payment of fine thereof to undergo further period of 6 months R.I.
- The period of remand already undergone by the accused is ordered to be set off u/s 428 of Cr.P.C. A2 was remanded to judicial custody on 18.11.2018. The bail was granted by this court order in Crl.M.P.1040/2018, dt.04.01.2019, but surety was furnished only on 29.1.21 and then he was released from Jail on 30.01.2021. ( He was in custody from 18.11.2018 to 29.01.2021) and subsequently he was arrested on execution of NBW and remanded to judicial custody on 23.11.2023. He is under judicial custody from 23.11.2023 to till this day.
- Property Order:- Property order will be passed in split up C.C. No.5/2020.
//Dictated to the Steno-typist directly, typed by her, corrected by me and pronounced in open court, this the 02nd day of July, 2024.//
Principal Special Judge, EC & NDPS Court, Chennai. L.B.