Ravindran @ John vs The Superintendent Of Customs

1. The facts of the case are that PWs 1 and 2 who were officials of the Customs Sea Base Party, Tiruchendur on receiving specific information rushed to the Kayalpattinam Bus Stand at about 3.00 a.m. on December 21, 2000 since there was reliable information that one person carrying psychotropic substance was to come there. At the bus stand they found appellant Ravindran and on suspecting him to be the person concerned they informed him that they are going to conduct personal search and asked him whether he would like the search to be conducted before a Judicial Magistrate or a Gazetted Officer. The appellant did not insist on his search before a Magistrate or Gazetted Officer. He was searched by PWs 1 and 2 in the presence of two independent witnesses namely, Ravi and Chandrasekar. The appellant was found to be carrying a white coloured polythene bag. On searching the bag one polythene packet was found inside the bag which was opened in the presence of the independent witnesses. It was found to contain white colour powder. On being asked the appellant informed them that the substance was Diazepam. The same was, therefore, seized under Mahazar, Ex. P-2. The packet was sealed and brought to the Customs Office since there was no facility to weigh the substance and to prepare samples at the bus stand. The two independent witnesses also accompanied the appellant and PWs 1 and 2. On weighing, the substance was found to weigh 1.528 Kilograms. Two representative samples each weighing 5 grams were drawn and sealed in two separate covers which were duly packed, labeled and sealed with the customs seal. According to the prosecution the substance seized was worth about Rs.75,000/-.

2. The case of the prosecution is that on further questioning the appellant confessed his guilt and his confessional statement Exb. P-4 was recorded. From the confessional statement of the appellant, the involvement of the other two accused was revealed. The appellant was arrested on December 21, 2000 while the other two accused were arrested on December 23, 2000. Peter John (co-accused) admitted that the plastic bag containing white colour powder had been given to him by his friend Hiralal (co-accused) and that he had handed over the same to the appellant for sale.

12. In the instant case we find that the courts below have critically scrutinized the evidence of the prosecution witnesses applying the rule of caution and we find no reason to disagree with their findings.

14. It was lastly urged that though the Chemical Analyst had reported the presence of Diazepam, he had not given particulars as to the proportion in which its components were found. Counsel for the appellant placing reliance on the judgment of this Court reported in (2005) 7 SCC 550 Amarsingh Ramjibhai Barot Versus State of Gujarat submitted that this may have a bearing on the question of sentence. In the instant case, we are concerned with Diazepam. According to the Notification 20 grams of Diazepam is considered to be small quantity. Any quantity in excess of 500 grams is commercial quantity. In the instant case 1.528 Kilograms of Diazepam was found. In these facts the case is clearly covered by Section 22 (c) of the Act. We, therefore, find no merit in any of the submissions urged on behalf of the appellant Ravindran. His appeal fails and is, therefore, dismissed.

CRIMINAL APPEAL NO.1202 OF 2005

1. The appellant in this appeal is Peter John whose complicity was disclosed in the confessional statement of Ravindran. The appellant Peter John and Hiralal were arrested at Salem on December 23, 2000. They were brought to Madurai where their confessions were recorded which are Exbs. P-10 and P-11.

8. In these circumstances we are of the view that appellant Peter John is also entitled to the benefit of doubt. We, accordingly, allow his appeal and set aside his conviction and sentence. He shall be released forthwith unless required in connection with any other case.