UNION OF INDIA Vs. KASILINGAM

JUDGEMENT

(1.) The appellant in Criminal Appeal No.268 of 2003 is a single accused in C.C.No.156 of 2001 on the file of Special Judge for NDPS Act cases, Chennai. He stands convicted for the offences u/s.8[C] r/w 21, 25,27, 28,29 and 30 of NDPS Act with a sentence to undergo 10 years R.I and to pay a fine of Rs.10,00,000.00 (Rupees Ten Lakhs only) in default to undergo one year R.I for each of the offence. The sentence of imprisonment is ordered to run concurrently. Aggrieved by the said conviction, the appellant has preferred this Appeal.

(2.) Totally, there were four accused in this case. The Accused No.1, 2 and 4 were acquitted by the trial court. Aggrieved by the said acquittal, the state has preferred the appeal in Criminal Appeal No.862 of 2002. In the said appeal, the Accused No.1, 2 and 3 are shown as respondents. According to the Special Public Prosecutor for NCB cases, the appeal ought to have been preferred against A1, A2 and A4 but by mistakenly, instead of mentioning the name of A4, the name of A3 has been shown as third respondent. Anyhow, the state has preferred an appeal against the acquittal of the Accused No.1 & 2. As the Accused No.4 has not been shown in the appeal preferred by the state, no notice was sent to the Accused No.4.

(3.) The case of the prosecution in brief is that on 04.04.2001 at about 9.30 a.m., the Intelligence Officer of NCB (PW3) received an information over phone that one Eswarlal of Madhya Pradesh and resident of Thennur, Trichy was indulging in drug trafficking and had transported 15 kgs. of heroin from Madhya Pradesh to Chennai in Lorry bearing No.RSE 4786 and the lorry is to be parked near M/s.Sarath Enterprises, Bharat Petroleum at 496, Bangalore High Road, Nazarathpet Post, Chennai between 1.00 p.m. and 1.30 p.m. One Kasilingam of Chennai along with one Kamalakannan of Tuticorin would come in one Hyundai Car and TATA Sumo Car to the said place to take delivery of the contraband and to despatch the same to one Mohammed Shiyam of Colombo through Kamalakannan. PW3 reduced the information in writing and submitted to Assistant Director, NCB, Chennai (PW15) and PW15, along with other NCB officers proceeded to the said spot with two independent witnesses PW13 & PW14 and on reaching the spot, they noticed the vehicles, the lorry, Hyundai Car and a TATA Sumo being parked near each other at M/ s.Sarath Enterprises, Bharath Petroleum. The officers noticed the Accused No.2 getting down from the TATA Sumo Car and calling the Accused No.3 who was in the lorry. Accused No.3 came out and he opened a part of the diesel tank of the lorry and took out two heavy gunny bags and handed over the same to Accused No.2. One gunny bag was kept in the Hyundai Car and another in the TATA Sumo Car. Immediately, the NCB officers surrounded the vehicles and the Accused. The Accused No.3, the driver of the lorry and Accused No.4, the cleaner, of the lorry were also present. The Accused No.1 was also sitting in the Hyundai Car. All the accused were explained about the provisions of Section 50 of the NDPS Act. Inside the two gunny bags, 15 polythene bags were found which contained heroin totally weighing about 15.057 kgs. Samples were taken and thus, the contraband was seized under Mahazar Ex.P7 in the presence of two independent witnesses PW13 & PW14. All the accused were taken to NCB office and in the office, before the NCB officers, confession statements were recorded which were marked as Exs.P62, 71, 59 and 68 respectively. All the accused were arrested on 05.04.2001 night and subsequently, they were remanded to judicial custody on the next day. The NCB Officer K.V.Baskar took up the investigation and after investigation, complaint was filed.