The polythene companyer and the drug were found to weigh 1.110 kilograms.
PW7 recorded the information and submitted Ext.
PW4 opened the polythene packet and took a pinch of the powder and tested it with a Field Drug Detection Kit.
He was also informed of his right to be searched in the presence of a gazetted officer or a Magistrate.
On the next day the 1st accused was produced before the Magistrate who remanded him to the Sub Jail.
The accused denied the charge.
P15 summons was served on the 2nd accused directing him to appear before the N.C.B. Office at Thiruvananthapuram at 5 M. on that day.
217 of 2002.
P2 summons on the 1st accused directing him to appear on the C.B. Office at 7 P.M. on the same day.
PW5 alongwith PW4 and PW6 reached near Pattomthanu Pillai Park about 4.30 P.M. and PW7 pointed out the 1st accused to them.
When the lungies were removed, a transparent polythene companyer companytaining brownish powder was recovered.
The investigation was handed over to PW 7.
The samples were sent to the Customs Laboratory, Cochin and Ext.
P1 Mahazar.
P16 statement in his own handwriting.
After companypleting the investigation, PW7 lodged the companyplaint before the Court.
The remaining drug was also separately packed and sealed.
1 to 4.
When PW1 asked the 1st accused whether he was possessing any narcotic drug, the 1st accused handed over M.O. 2 a bag to PW4.
At the request of PW4, PW6 served Ext.
PW7 alongwith the informant proceeded to the place where the 1st accused was waiting and the 1st accused was shown to PW7 by the informant.
Thereafter PW6 arrested the 1st accused.
PW4 prepared Ext.
Since the 1st accused did number know the place, PW7 was asked to accompany the 1st accused to the N.C.B. Office.
Two samples were taken and the samples were separately packed and sealed.
P5 report was obtained.
PWs 4 to 6 disclosed their identity and expressed their desire to search the 1st accused.
Heard learned companynsel for the parties and perused the record.
P10 report to PW5, the Superintendent, Narcotic Control Bureau Regional Intelligence Unit, Thiruvananthapuram.
The prosecution case briefly stated is that on 1.10.2000 at 3.45 P.M., PW7, Radhesh, Intelligence Officer, received information that one person was standing in the parking area between Gandhi Park and Pattomthanu Pillai Park at East Fort, Thiruvananthapuram waiting for somebody to dispose of about one kilogram of heroin which was in his possession.
The 2nd accused was also produced before the Magistrate, who remanded him to the Sub Jail.
2 in the criminal case under the NDPS Act with which we are companycerned.
The bag was found to companytain M.O.2 d white full shirt and a bundle of M.O. 2 b and M.O.2 c lungies.
P12 statement in Tamil which was recorded by PW6.
PW6 arrested the 2nd accused.
After the close of the prosecution evidence the accused were examined under Section 313 of the Cr.
In obedience to the summons the 1st accused appeared before the C.B. Office and gave Ext.
PWs 4, 5 and 6 alongwith the witnesses approached the accused who was holding M.O. 2 a bag.
The appellant was accused No.
Since the test gave positive result, PW4 seized the narcotic drug.
P.C. They denied the prosecution evidence and pleaded that they were innocent.
Since the name of the 2nd accused was also mentioned in Ext.
Thereupon the prosecution examined PWs 1 to 7, marked Exts.
The 1st accused waived the right and expressed his willingness to be searched by the officers.
The 2nd accused appeared before the N.C.B. Office in the evening and gave Ext.
MARKANDEY KATJU, J. This appeal has been filed against the impugned judgment of the Kerala High Court dated 5.4.2004 in Criminal Appeal No.
P12 statement, PW5 proceeded to Idinthikara of Thirunalveli District on the morning of 2.10.2000 and Ext.
P1 to P20 and identified M.Os.
