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TMI Blog2004 (2) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... th a fine of Rs. 1,00,000/- in default to suffer S.I. for a period of one year. 2. The intelligence Officer of D.R.I. Mumbai, P.W. 10 receives a credible information about the manufacture of Methaqualone powder in a building in Basava Colony of Belgaum and manufacture of Mandrax tablets in a new patan building situated in Kakti village of Belgaum. P.W. 1 after conferring with superior officers visits Belgaum keeps watch of the place finds that the information received is true and shares the information with the Asstt. Director D.R.I. Bangalore. The raid on Patan building and the farm-house belonging to accused No. 1 is conducted on 7-11-1996. In patan building 225 Kgs of Methaqualone granules and 803 Kgs of mandrax tablets were found and seized. P.W. 1 to 4, P.W. 7 along with the local Central Excise Officers conduct the raid accompanied by panch witnesses and a photographer examined as P.W. 5. In Patan building the raid party finds with several machines installed in the premises manufacture of the Mandrax tablets was going on. The Mandrax tablets were being manufactured. P.W. 1 tested the incriminating material with the test kit, the result proved positive for methaqualone. Accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... weights of the samples seized and sealed on the spot (Mos. 1 to 26) and the weights of the samples received in the office of the C.E. (i) C.E. report Ex. P. 14 not satisfactorily proved. (j) Accused Nos. 1 to 7 had made statements before the respective officers, they are not shown to be involuntary. (k) Purported voluntary statement of accused No. 8 is prima facie shown to have been retracted. Consequence of retraction is kept open to be considered at relevant stage of this judgment. (l) Belated production of Ex. P. 1 before the court though needs to be taken serious note of, but is not shown to have prejudiced the accused, factually and legally. (m) Non-production of the photographs before the court though needs to be taken serious note of, but is not shown to have prejudiced the accused, factually. 4. The court finds that the voluntary statement of accused No. 3 at Ex. P. 30 does not contain any incriminating material to show the mens rea to abet the commission of the offence. The statement of accused No. 8 at Ex. P. 16 held to be not proved as voluntary. The trial court accepts the version of retraction of accused No. 8 thus finds that the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch was found from one of the cabins was hashish. Therefore, conviction of the appellant under Section 20(b)(ii) of the NDPS Act is also quite proper. 5. The Item No. 20 of Schedule-I describes the chemical composition of Methaqualone in the following manner. 20.METHAQUALONE : 2-Methly-3-0 tolyl-4 (3H)-quinazolinone 6. The Counsel for the accused vehemently argued that according to pharmacology there are seven versions of Methaqualone described in the following manner. (i) 2-Methyl-3-0-tolyl-4-(3H)-quinazolinone. (ii) 2-Methyl-3-(2-methylplhenyl)-4-(3H) -quinazolinone. (iii) 3,4-dihydro-2-methyl-4-oxo-3-o-tolyl quinazoline. (iv) QZ-2 (v) Metholquizolone (vi) RIC-272 (vii) TR-Qualalude. 7. Therefore argued that the chemical composition as envisaged at item 20 of the schedule is alone the prohibited version within the definition. The other chemical compositions of Methaqualone are not narcotic and psychotrophic substance. The expert s report does not disclose the precise chemical formulation of the objects seized. Therefore they are not proved to be Methaqualone as defined in item 20. 8. Per contra the Counsel for the State argued that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 12. In the present case the panchanama recitals are vague. It appears that the witnesses do not know the basic aspects of the test and its result. It appears that as told by the investigation officer, the panch witnesses accept that the result proved positive for the Methaqualone. Such a perfunctory version of the mahazar does not satisfy the requirement of law. The self-serving evidence of P.W. 1 uncorroborated by the mahazar proceedings cannot be relied on. The distinguishing facts stated above makes the decision of the Supreme Court 1998 Crl. L.J. 4626 inapplicable to the facts of the case. When the objects seized is not proved as Methaqualone, the voluntary statements made by accused admitting guilt would be of no consequence in law. In that view the prosecution has failed to prove the guilt of the accused. 13. Section 53 of the N.D. P. S. Act empowers the Central and the State Governments to invest powers of the police under Cr.P.C. on the officers of the department of Central Excise, narcotics, customs, revenue intelligence etc. and the officers of department of drugs control, revenue or excise etc., respectively to investigate the offences under the N.D.P.S. Act. The S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence against him, or against him and any other person who is tried jointly with him, the court shall - (a) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or be in the handwriting of, any particular person, is in that person's handwriting; and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested; (b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence; (c) in a case falling under clause (i), also presume, unless the contrary is proved, the truth of the contents of such document. (underlining emphasized by me) 16. The voluntary statement of an accused signed by the accused and proved to be voluntary is admissible evidence and could be used against the accused and also against the co-accused. The I.O. under Section 67 can summon any person including the accused for purpose of enquiry and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osecution. 20. The procedures of search and seizure are dealt in Section 52 of the N.D.P.S. Act. It is argued by the counsel for the accused that the deposit of the seized articles in the nearest police station is not complied. The provisions of Section 52 reads thus: 52. Disposal of persons arrested and articles seized :- (1) Any officer arresting a person under Section 41, Section 42, Section 43 or Section 44 shall, as soon as may be, inform him of the grounds for such arrest. (2) Every person arrested and articles seized under warrant issued under sub-section (1) of Section 41 shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued. (3) Every person arrested and the article seized under sub-section (2) of Section 41, Section 42, Section 43, or Section 44 shall be forwarded without unnecessary delay to - (a) the officer-in-charge of the nearest police station, or (b) the officer empowered under Section 53. (4) The authority or officer to whom any person or article is forwarded under sub-section (2) or sub-section (3) shall, with all convenient despatch take such measures as may be necessary for the dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apter VA of this Act is kept of concealed in any building, conveyance or place may authorise any officer subordinate to him but superior in rank to a peon, sepoy, or a constable, to arrest such a person or search a building conveyance or place whether by day or night or himself arrest a person or search a building conveyance or place. (3) The Officer to whom a warrant under sub-section (1) is addressed and the officer who authorised the arrest or search or the officer who is so authorised under sub-section (2) shall have all the powers of an officer acting under Section 42. 42. Powers of entry, search, seizure and arrest without warrant or authorization :- (1) Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central including para military forces or armed forces as is empowered in this behalf by general or special order by the Central Government or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drugs control, excise police or any other department of a State Government as is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost because of bad investigation and bad presentation. The investigation officers in this case although not guided by any mala fide motives the technical lapses have occurred on account of improper training and lack of guidelines regarding the right knowledge and techniques required for investigation of the offences under the Act. The I.O. to investigate under the Act requires a combination of several skills like the knowledge of the scientific aspects and also the legal aspects relating to investigation. It is necessary that every investigation officer should be educated about the necessary steps to be taken at the every stage of investigation in accordance with law. Therefore I like to impress upon the investigation authorities, more so N.C.B. the co ordinating agency should in consultation with other authorities draft a protocol of investigation as a uniform guideline to the investigation officers under the Act. Such a course would ensure efficiency and transparency sans imprudent technical lapses. There is also a need to devise a common official seal department-wise. Further proper instructions should be given for safe custody as required under the law. _ 26. For the foregoin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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