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10. On information that Accused-1 to 3 were selling medicines including Pethidine and Morphine. P.W.34 laid a trap on 18.3.1981 and sent P.W.1 as a decoy, giving one 50 rupee note after recording the number of the said Rs.50/- rupee note in the Mahazar, Ex.P.3; When P.W.1 went to the house of A.1, A.1 was not present; but A.2 and A.3 were present and A.2 sold 10 Pethidine and 10 Morphin injunctions for Rs.5 0/- that was handed over by P.W.1 to P.W.34. Then, P.W.34 prepared a Mahazar, Ex.P.4 and seized the 10 Pethidine and 10 Morphine injunctions. Immediately P.W.34 proceeded to the house of A.1 at Door No.18, Azad Street, Perambur along with the police party; A.2 and A.3 were in the house; A.3 was searched, the 50 rupee note given by P.W.34 to P.W.1 was found in the packet of A.3 and that was seized; Thereafter, the house was searched; large quantities of medicines and drugs were found and they were seized under the Mahazar Ex.P.2. P.W.34 took Ex.P.1, the thumb impression of A.2 in the seizure mahazar. During the search 16 ampules of Morphin and 688 ampules of Pethidine were also seized. Besides these narcotic drugs, a lot of drugs supplied to Government hospitals (some of them bearing Government Hospital stamp marks and some of them bearing E.S.I. Dispensary stamp marks) were found in card-board boxes as well as strewn on the floor; From the bed room of the house, another quantity of hospital goods, surgical instruments, (some of them had Government hospital logo/stamp marks) were also seized. A.2's thumb impression was also obtained in the seizure mahazar. They were found in the place and in possession of persons who had no licence or authority to purchase or stock or to deal with the goods. Further, they had no authority to possess Government Hospital drugs in such large quantities. Immediately, A.3 was arrested. A Search List was handed over to A.2. Thereafter, the case was registered against A.1 to A.3 by P.W.34; Ex.P.144 is the F.I.R.

11. On interrogation of A.3, it came to light to P.W.34, that there was a big racket by which the narcotic drugs like Morphine and Pethidine were regularly brought from Andhra Pradesh and sold in Tamil Nadu and that also the drugs supplied to various Government Hospitals as well as E.S.I. Dispensaries were illegally removed by the staff working in those Hospitals; they were purchased by A.1 and sold to A,5 and A.11 in Andhra Pradesh at a cheaper rate. On 23.3.1981, A.1 was arrested in his house. A.1 produced five piece of papers, Exs.P.126 to 130, in which names of hospital drugs , Exs.P.126 to 130 found written. A.1 also produced seven prescriptions, Ex.P.146 series for purchase of Morphine injections at Vijayawada at various dates prior to the registering of this case. On 1.4.1981, A.1 pointed out A.4 and his house was searched in the presence of P.W.6; From the house of A.4, six items of drugs bearing hospital stamp marks, M.Os.253 to 258 were seized under Ex.P.13 search list attested by witnesses. The search list, Ex.P.13 was also signed by A.4. Thereafter, A.1 took P.W.34 to the house of A.8 and his house was also searched in the presence of P.W.6 and M.Os.259 to 261 and Hospital store note book Ex. P.14 were recovered under search list Ex.P.15. Thereafter, on 7.4.19 81, A.12 and A.13 pharmacists employed in E.S.I. Hospital, Tiruvottiyur were arrested and examined. Thereafter, P.W.34 went to Vijayawada for investigation along with P.W.5 and a Drug Inspector and perused the records of the firm, "Siris" pertaining to manufacture and distribution of Pethidine injection. Ex.P.148 is the letter written by the Investigating Officer to M/s. Siris and Company seeking certain particulars relating to Pethidine injection manufactured in Batch No.011 14; Ex.P.149 is the reply by "Siris" giving the list of persons to whom the Pethidine manufactured in that batch No.01114 was sent; Ex.P.150 is the list of supply of a portion of pethidine injections, the name of A.5 is found in the list; on perusal of the records, it was found that 50 boxes each containing 10 ampules of Pethidine have not been accounted for by Guntur Medical Hall belonging to A.5; but no complaint was made for non-receipt by A.5.

12. Thereafter, P.W.34 arrested A.14 and he pointed out the house of A.7 at Jegannatha Nagar, Arumbakkam. The house of A.14 was searched in the presence of A.6; 13 items of drugs and surgical items, M.Os.239 to 252 belonged to various Government Hospital and some of them bearing the Government logo marks and they were seized under Search List, Ex.P.5. On 1.8.1981, P.W.34 searched the house of A.9 on information at Door No.130, M.M.D.A. Colony, Arumbakkam; A.9 and A.10 were in the house. When the house was searched in the presence of witnesses, two suit cases, M.Os.262 and 264 and three card board boxes, M.Os.265 to 367 containing drugs bearing Hospital stamp marks or logo marks were seized. A railway ticket in the name of A.10 was also seized in Ex.P.31; Search Mahazar Ex.P.32 contains the list of drugs that were seized in the presence of witness, P.W.8; Copy of the Search List was handed over to the accused-9 and 10. The drugs that were seized also contained 25 ampules of Morphine injection; a Railway ticket in the name of A.10 for travelling from Chennai to kammam on 3.8.1981 along with reservation ticket was also found. These drugs were marked as M.Os.67, 265, 269, 270, 273, 276, 277, 278, 280, 282, 284, 286, 287, 288, 289; the seals were sent to Forensic Department. P.W.31 examined them and gave the opinion that the specimen seal of the hospital and the seals found in the drugs were found to be similar; the injections were examined and certified by Scientific Assistant, P.W.31, as pethidine and Morphine.

14. From the evidence of P.W.1, it is proved that on 18.3.1981, he went along with P.W.34 and other witnesses to Perambur where P.W.34 gave him a 50 rupee note and P.W.1 went to the house at No.18, Azad Street, Perambur; at that time, A.1 was not present. When P.W.1 asked for Pethidine and Morphine and gave M.O.1, a 50 rupee note, the boy who was there, informed a woman and when she came out, P.W.1 told her that he wanted Pethidine and Morphine for Rs.50/-, then the boy, A.3 gave 10 Pethidine and 10 Morphine injections given by the woman and that was handed over to P.W.34. This is corroborated by the Mahazar, Ex.P.3. P.W.2, the house owner, P.W.2 has stated that A.1 was a tenant in the house in the year 1981; he was living with A.2 his wife and A.3, the brother-in-law of A.1; A.2 has signed the seizure mahzar, Ex.P.1. Therefore, it is proved that the medicines were seized from the house of A.1. But, the lower Court has come to the conclusion that A.1 cannot be made responsible for possession of the medicines, because A.3 in his confession statement has stated that he kept the medicines without the knowledge of A.1. Admittedly, goods were seized from A.1's house. The confession statement of A.3 which excludes the complicity of A.1 cannot be relied upon to exclude A.1 or to absolve A.1 from discharging the onus on him to explain how the medicines came to his house.