9911796707
TMI Blog1997 (8) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... go rigorous imprisonment for ten years under each section and to pay a total fine of Rs. One Lakh, in default to undergo rigorous imprisonment for a period of three years has filed this criminal appeal. 2. The necessary facts for the purpose of disposal of this criminal appeal are as follows : - On 30-9-1987 morning on previous information, the Officers of the Customs, Circle of Rameswaram intercepted the accused while she was proceeding towards Rameswaram Port with a suitcase. When P.W. 1 questioned her whether she was in a possession of contraband, the accused replied in the negative. At that time, the accused was carrying a bag and a suit case. P.W. 1 summoned an independent witness P.W. 4 and one Sukumar interrogated her. Then the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Sugumar, and P.W. 6 also have signed. The accused was taken to office of P.W. 1, where the accused gave a confession statement which is marked as Ex P3. Ex P2 and P3 were prepared in the presence of P.W. 1. On the next day on 1-10-1987, P.W. 1 has sent a report to his superiors about the arrest of the accused and seizure of the articles mentioned in Ex. P2 and the seizure report has been marked as Ex. P4. The same day the Inspector of Central Excise and Customs has arrested the accused on the orders of P.W. 1 and the arrest memos has been marked as Ex. P7. The same day P.W. 1 has sent a letter of requisition to the Chief Chemical Examiner Customs House, Madras and has sent the sample of 10 Gms of brown powder for chemical examination whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence of the important witnesses and the judgment of the Sessions Judge and submitted that at the Court below was not justified in convicting the accused for the offence mentioned above. She submitted that the search made by P.W. 1 is in contravention of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. She invited my attention to Section 50 of the said Act, which reads as follows :- "Conditions Under which search of persons shall be conducted. - (1) When any officer duly authorised under Section 42 is about to search any person under the provisions of Section 41, Section 42 or Section 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of the dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecial order of the State Government, if he has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under Chapter IV or that any narcotic drug, or psychotropic substance in respect of which any offence punishable under Chapter IV has been committed or any document or other article which may furnish evidence of the commission of such offence has been kept or 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 by night or himself arrest a person or search a building, co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f their respective jurisdiction. In view of the said notification issued by the authority, P.W. 1 who is the Superintendent of Customs has got power to search. Hence there is no merit in the contention raised by the learned Counsel for the appellant. 7. As far as the second contention is concerned, I have gone through the evidence of the witnesses, to me, nothing has been elicited from their evidence why they should falsely implicate the accused, if really, the accused was not in a possession of the Heroin, just because P.W. 3 happens to be a sweeper in the office, it cannot be said that her evidence cannot be believed. The appellant/accused being a lady since the Act prescribes that only a lady should search an accused who is lady. P.W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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