Document Fragment View
Fragment Information
Showing contexts for: methamphetamine in Sadiq Basha vs State By on 29 July, 2022Matching Fragments
3. The case of the prosecution, in brief, is as follows:
(i) On 20.02.2015, at 20.00 Hrs, based on information received by P.W.1, Sanjai Kumar Acharya, the Intelligence Officer , over telephone that “One Javeed Basha and one Sadiq Basha, https://www.mhc.tn.gov.in/judis resident of Royapettah indulging in trafficking of Methamphetamine, Javeed Bash collected around 3 Kgs of Methamphetamine from Mumbai and trafficking it to Chennai by train, “Mumbai-Chennai Mail”, reaching Chennai Central on 21.02.2015, his brother Sadiq Basha will receive him at Chennai and they are to deliver the said Methamphetamine for further sale.
(iii) Whether the statement recorded under Section 67 of the Act is proper and admissible?
(iv). Whether Section 52-A, Standing https://www.mhc.tn.gov.in/judis Order Nos.1/88 and 1/89 followed?
32. The answer to the question whether Ex.P1 is in compliance to Section 42 of the Act. P.W.1 in his evidence clearly confirm that on 20.02.2015, at about 8.00 p.m., when he was in office, he received specific information through office Telephone Landline, about A1 and A2, with their physical complexion giving details, informing that 3 Kgs., of 'Methamphetamine' is being smuggled and trafficked from Mumbai and A1 is travelling by Train No.11027, Mumbai – Chennai Mail, reaching Chennai Central on 21.02.2015 and his brother Sadiqu Basha will receive him at Chennai Station to deliver the said 'Methamphetamine', for further sale. This information was received by P.W.1, from his Office land line. He kept the phone in support of his neck, typed the information directly in the computer, thereafter, read the same to the informant, recorded the information, placed it before his superior PW5 who received the same, satisfied and acknowledged by signing the same.
34. Thereafter, the 3 identical packets containing similar https://www.mhc.tn.gov.in/judis crystals like substances were made into one packet harmonized, thereafter, samples S1 and S2, 5 grams each taken and sealed. The entire proceedings recorded in Ex.P2 / Mahazar. Exs.P1 and P2 typed and print out taken out simultaneously. Ex.P2 Mahazar prepared by P.W.1, in the presence of P.W.6 and one Damodar, Ex.P2 copy of the mahazar furnished to the accused, both A1 and A2 acknowledged, signed in each page of the mahazar Ex.P2. Not only that, these Exs.P1 and P2 produced before the remanding Magistrate, on 21.02.2015 at 10.35 p.m. In the remand report, Annexure-I, the list of original documents produced are listed, wherein, Item No.1 and 2 are the reports under Section 42 and the seizure mahazar. Further, in the mahazar, the seizure of contraband as well as other documents seized from both the accused A1 and A2 along with Test Memo / Ex.P79, confirming the contraband as psychotropic substances produced. In the remand report, there are three Annexures. In Annexure I, items 1 to 10 listed, in Annxure II, the personal particulars of the accused recorded and submitted, in Annexure III, the list of properties produced listed. In the list of the properties, the contraband seized of 2.970 Kgs of 'Methamphetamine', the black colour back bag, the mobile phones, the amount seized from the accused and 2 samples of white coloured crystals of 5 gms., each, S1 and S2, believed to https://www.mhc.tn.gov.in/judis be 'Methamphetamine', produced before the remanding Magistrate.
46. Further, on the factual aspects, in this case P.W.1 is the Intelligence Officer of NCB, who received the message, takes down the same, produced the secret information to P.W.5, / Superintendent, his superior officer, about A1 carrying 3 Kgs of 'Methamphetamine', travelling from Train No.11027, Mumbai – Chennai Mail, reaching Chennai Central on 21.02.2015. This https://www.mhc.tn.gov.in/judis information / Ex.P1 submitted to P.W.5, who seen the same, satisfied, instructed to P.W.1 to proceed further. He also instructed P.W.4 to accompany P.W.1 The compliance of Section 42 complete. Thereafter, P.W.1, P.W.4 along with 2 other NCB officials went to the RPF office, asked to depute 2 witnesses. P.W.6 and one Damodaran, deputed to be along with NCB officials. At about 4.30 a.m., A1 alighted from the train, A2 met him, received black back bag. At that time, P.W.1 intercepted both A1 and A2, questioned them, A2 admitted that the bag / M.O.2 contained M.O.1, 2.980 Kgs., of Methamphetamine.