G JAYAKUMAR Vs. SUPERINTENDENT CENTRAL EXCISE CUSTOMS PREVENTIVE AND INTELLIGENCE UNIT THIRUVANANTHAPURAM

JUDGEMENT

(1.) Four accused persons stood trial before the Sessions Court, Thiruvanantha-puram for the offences punishable under Ss. 21 and 25 of the N.D.P.S. Act on the basis of the complaint filed by the Superintendent, Central Excise, Customs Preventive and Intelligence Unit, Divisional Office, Thiruvananthapuram in O.R. 3/N.D.P.S./93.

(2.) The prosecution case is that on 27-12-1993 at about 5 p.m. accused Nos. 1 to 3 were found in Kunnukattil Veedu, Pamamkode, Pappanamcode in the possession of the 1st accused and they were in possession of 506 gms. of brown sugar which is a narcotic drug having estimated value of Rs. 1.5 lakhs for the purpose of illegal sale in contravention of the provisions of the N.D.P.S. Act and accused Nos. 2 to 4 purchased, possessed and transported the brown sugar to the aforesaid house of the 1st accused immediately before the case was detected by PW1, the Superintendent of Central Excise and Customs.

(3.) The lower Court framed charge against the 1st accused for the offences punishable under Sections 21 and 25 of the N.D.P.S. Act and against accused Nos. 2 to 4 for the offence punishable under Section 21 of the N.D.P.S. Act. After trial the lower Court found that the 1st accused is guilty of the offences punishable under Sections 21 and 25 of the N.D.P.S. Act and accused Nos. 2 to 4 are guilty of the offence punishable under Section 21 of the N.D.P.S. Act by judgment dated 7-10-1995 and convicted and sentenced the 1st accused to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 2 lakhs in default of payment of fine to undergo simple imprisonment for 5 years for the offence punishable under Section 25 of the N.D.P.S. Act and to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 2 lakhs in default of payment of fine to undergo simple imprisonment for 5 years for the offence punishable under Section 21 of the N.D.P.S. Act and directed the substantive sentences to run concurrently. The lower Court found accused 2 to 4 guilty of the offence punishable under Section 21 of the N.D.P.S. Act and convicted and sentenced them to undergo rigorous imprisonment for 20 years each and to pay a fine of Rs. 2 lakhs each in default of payment of fine to undergo simple imprisonment for 5 years each.