(1.) This appeal is at the instance of accused Nos.2 and 3 in SC (NDPS) No.18 of 2013 on the file of Special Judge for NDPS Act cases, Thodupuzha, impugning the judgment dtd. 10/8/2015, by which the appellants (A2 and A3) were convicted and sentenced under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as 'the NDPS Act'), and in addition the 2nd appellant (A3) was convicted and sentenced under Sec. 25 of the NDPS Act also.
(2.) The prosecution case is that, on 17/5/2011, at 8.30 p.m, accused Nos.1 to 3 were found transporting illegally 267 kilograms of ganja, in TN-51-8069 lorry owned by A3, in a secret chamber behind the driver's cabin. PW1-the Excise Inspector and party attached to Excise Check Post, Kumily, detected the offence while conducting vehicle checking duty at the check post. During investigation, involvement of A4 to A8 also in the crime was made out, and so, complaint was filed by the Assistant Excise Commissioner, Idukki, against all the eight accused, under Ss. 20(b)(ii)(C), 25, 27A and 29 of the NDPS Act.
(3.) A1 absconded after getting bail, and so his case was split up.
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