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TMI Blog2016 (1) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... imprisonment and fine of Rs. 1 lakh imposed by the Special Judge for NDPS Act cases, Chennai. 2. According to the prosecution, in a stationed lorry, the appellants were sitting inside on 28.3.2000 at 2 a.m. Lorry was parked in front of Puzhal Jail, it was intercepted by Rajasekhar PW-1, Jaberia Nazir PW- 2, P.Saran PW-6, all Intelligence Officers of NCB headed by Mr. K. Raghavan PW-8, an officer of the Gazetted rank, in the presence of the witnesses - Naveenraj, PW-5 and Vinobaraj. Two jute hand-bags containing 26 packets were seized. They were marked as S1 and S2 and seal No.12 was affixed thereon. Statements under section 67 were recorded. The accused were arrested and seized property was produced before the Magistrate. P.Saran, PW-6 de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .W.6 Saran to enquire into it. Then P.W.6 on that basis, he ordered P.W.6 Saran to enquire into it. Then P.W.6 gave complaint in the court for taking action against accused 1 to 4 and two accused of the separated case under section 89(c) r/w 21, 25, 28 and 29 of the NDPS Act. Ex. D-1 is the receipt given at the godown on 29.3.2000. Ex.D-2 is the letter written from the court to the Chemical Laboratory. Ex.D- 3 is the letter written by Gopal Intelligent officer to South Zone Narcotic Control Bureau. Ex.P.4 is the letter sent by a Chennai Officer to Chandigarh officer on 1.4.2000. Ex.D-5 is the Fax message sent from N.C.P. Zonal to Director General, N.C.B. New Delhi E.D.-6 is the letter sent by from NCD New Delhi to D.B.G.(I). x x x ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the contention that the case is vitiated is not acceptable and that seized articles were marked as NCB 12 and were handed over as Ex.P.29. Therefore it was subjected to chemical analysis as per court order and that on the contrary in Ex.D.1, the mark was wrongly marked as NCB 11, as deposed by P.W.9 and therefore the articles were sent to chemical laboratory through NCB mark 12 and Ex.P.22 was obtained stating the articles analyzed was Heroin and that therefore the contention that wrong materials were sent for chemical analysis was not acceptable and therefore the citations given by the defence side are not relevant to fact and in support of their argument, they pointed out citations (2001) Supreme Page 363, (2001) (3) Crimes page 377, J.T. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not chemical analysis report of the case is not acceptable the the citation 2001 (2) C.P.C. page 764 and 2002 (1) S.B.R. 615 put forwarded by the defence side is not relevant to this case. Regarding that perusing Ex.P.6 Mahazar, page 5 it is stated in the Ex.P.6 that NCB seal 12 was affixed and that NCB seal 12 was affixed on Ex.M.O. 1 to 26, 27 and 28. 24. Further, it is said that in Ex.P.28 Annexure, sample NCB was affixed in it, special court judge ordered to handover Ex.P.1 to 3 and 5 to intelligent officer and he received the same. Before that as per Ex.P.29. On 203.2000 night at 21.30 on the basis of forwarding memo No.8/2000 he handed over in the NCB godown incharge, Southern Zone. As per Ex.P.30 he requested to send the article ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the above said prosecution witnesses and on the basis of documents it is established beyond all reasonable doubts that the accused transported Heroin, narcotic substance without Government's permission and possessed the same for the purpose of selling." 5. The trial court has given various reasons, considered statement of witnesses, effect of various documents including of sending them to the chemical analyst and trial Judge also compared the seals and came to the conclusion that the same articles which were seized were sent for chemical examination. The High Court has not considered the other material on record which according to trial court established identity of sample sent for chemical examination with the contraband which was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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