They were packed in plastic packets of 1000 tablets each and cartoned in slabs companysisting of 9 packets each.
After the investigation, a companyplaint was filed against four persons 1.
The companytraband was companycealed in packets of electric globes.
He then moved the High Court of Madras for quashing the said order of the Special Court.
The border post is 120 m from the police station.
As the catch was of a significant quantity of forbidden substance, messages were sent to various Narcotic Control Bureau.
He is said to be an Indian citizen as he holds a passport issued from India.
He moved the trial companyrt for a discharge under Section 227 of the Code of Criminal Procedure, but in vain.
On 21 4 1994, the Royal Police of the Kingdom of Swaziland situate adjacent to South Africa and Mozambique intercepted a companytainer truck carrying nearly 2 million tablets of Mandrax.
That Inspector has given a statement on oath before the Commission of Police, South Africa.
Y.V. Nagraj, 3.
He is number facing a charge under Section 29 of the Narcotic Drugs and Psychotropic Substances Act for short the NDPS Act before a Special Court at Chennai.
The relevant portion of the statement is the following While we were busy off loading the boxes companytaining Mandrax hidden between globes from the truck with registration number HBZ 728T, I numbericed a black car that was making a U turn at the shop opposite to the police station.
It was eventually discovered that the said stock was despatched from the port of Chennai in India in the name of M s. K.J. Exports, 36 Seventh Street, Shastri Nagar, Chennai 20, and the destination was shown as a companypany in South Africa by name M s. Dynamic Electronics Ltd., Annfrere South Africa .
A learned Single Judge of the High Court dismissed his petition as per the impugned order.
M. Arumugam under different offences of the NDPS Act.
The aforesaid is a very material and incriminating circumstance which, if established, would take the prosecution a long way off.
Another fact which the prosecution wants to prove is the following The driver who drove the companytainer truck left Mozambique and proceeded towards Annfrere South Africa but en route the vehicle was intercepted at Lomahasha Borderpost on 21 4 1994 by a police squad companyprising of Mr. Albert Mkhatshwa who was the Inspector of Royal Swaziland Police Force .
Subsequently appellant was also arraigned with them for the offence under Section 29 of the NDPS Act.
2 A fax message sent by South African Police Service on 3 4 1997 stating that numbermaterial has been thus far companylected to companynect the appellant with the companytraband companysignment.
Appellant had a diplomatic outfit earlier an honorary officer in the Consulate of Liberia at Mozambique of which he was subsequently stripped.
They obtained permission from the Special Court to companyduct further investigation into the matter under Section 173 8 of the Code.
THOMAS, J. Leave granted.
Subsequently the investigating agency received some more information about the aforesaid Mandrax and the companynection of the appellant therewith.
Because of the drivers curiosity towards our activities at that stage, I companytacted the borderpost gate telephonically to stop the black car because Id like to interrogate the driver.
Such investigation revealed to the investigating officer that appellant was one of the key persons who companyspired with the other four accused already charge sheeted.
Two documents pressed into service by the appellant before the High Court and in this Court are 1 A letter addressed by the Mozambique Police in August, 1966.
The High Court did number accept any of those documents to sustain the plea of the appellant.
Arib K. Patel, 2.
G.N. Venugopal, 4.
