R SRINIVASAN Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) All these five appeals arise out of a single Judgment delivered by the Special Judge (Essential Commodities Act & N.D.P.S. Act), Salem in C.C.No.24/94. C.A.No.773/97 has been filed by 10th accused; C.A.No.760/97 has been filed by 1st accused; C.A.No.772/97 has been filed by 2nd accused; C.A.No.773/97 has been filed by 3rd accused and C.A.No.774./97 has been filed by 6th and 7th accused. Originally, 13 accused were prosecuted. 12th and 13th accused were absconding and after the case against them was split up, the trial went on against the accused Nos: 1 to 11, out of whom, A.4, A.8, A.9 and A.11 were acquitted and A.5 was also discharged. A.1 to A.3 were convicted under Sec.8(c) read with 29 read with 18 and 8(1) read with 29 read with21 of Narcotic Drug and Psychotropic Substances Act and were sentenced to undergo R.I for 10 years and each to pay a fine of Rs.1,00,000/-( 2 counts), in default to suffer R.I for two years; A.6 was convicted for the offence punishable under Sec.8(c) read with 29 read with 21 of the Act and was sentenced to undergo R.I for 2 years; A.7 was convicted for the offence under Sec.8(c) read with 21 and was sentenced to undergo R.I for 10 years of the Act and to pay a fine of Rs.1,00,000/-, in default to suffer R.I for 2 years; A.10 was convicted for the offence under Sec.25 of the Act and was sentenced to undergo R.I for 10 years and to pay a fine of Rs.1,00,000/-, in default to suffer R.I for 2 years. Since all these appeals arise out of a single judgment delivered by the trial court and accused Nos.1, 2, 3, 6, 7 and 10 have filed separate appeals, they are disposed of by way of a Common Judgment. The appellants in all these appeals will hereinafter be referred to as A.1, A.2, A.3, A.6, A.7 and A.10. The prosecution case is as follows:

(2.) The 1st accused is a resident of Khonti Village of Mandasore District, Madhya Pradash. A.2 is his brother. A.3 is a resident of Dindigul. A.6 is a resident of Gowdamapura Village of Ujjain District, Madhya Pradesh. A.7 is a resident of Thandamangala Village, Baswade District, Rajasthan. A.10 is a resident of S. Pudukottai village, Anna District. The accused 1 and 2 have the residence at Trichy also. The appellants along with other accused hatched a conspiracy to purchase, possess and export to Srilanka Narcotic Drugs and Psychtropic Substances. During the months of February and March 1993, they entered into a conspiracy to transport 66.1 kg of heroin and 361.61 kg of opium from outside the State of Tamil Nadu i.e., from Madhya Pradesh with intend to transport the same to Tuticorin for an eventual export to Srilanka. This information was received by P.W.1 Thiru. Jacob, then Superintendent of Police, Customs and Central Excise, Trichy. The same was received not from any other person but through the Intelligence of the Department itself. It is Ex.P.1. Immediately P.W.1 passed on this to information to P.W.25, Thiru Mohandas, Assistant Director of Customs and Central Excise, who was then the Superior Officer. Pursuant to the information, they went to National Hotel at Salem and noticed an Ambassador Car taken by two persons, who came out of the hotel . The car proceeded towards Omalur. P.W.1 and his parties also followed the car that stopped at "Dhaba" near Salem Engineering College, where a lorry was stationed. One of the occupants of the car got into the lorry. Thereafter, both the lorry and the car proceeded towards Salem Namakkal High Road at about 10.00 a.m. After some time, both the vehicles were stopped in a village called Thalapallam on the main road. P.W.1 and his party went near the car bearing Registration No. TMP 9346 and enquired the occupants of the car and found that certain contrabands were going to be loaded in the car from the lorry bearing Registration No. GJ 17-T 6049. P.W.1 ascertained that A.5,A.6, A.7 and A.8 were in the lorry. The lorry was found loaded with slate pencil in packets. P.W.1 thereafter enquired the occupants of the car and found A.2 and A.3. He also ascertained that heroin was kept concealed amongst the slate pencil packets. Since there was no facility or safety to P.W.1 and others to search the vehicles, they took them to Customs Office, Salem under detention Mahazar Ex.P.2.

(3.) Since the occupants of the lorry did not know Tamil language, the assistance of P.W.14 - Inspector of Customs, who knew Hindi language spoken to by A.5,A.6 and A.7, was taken by P.W.1. Thereafter, Mahazar Ex.P.8 was prepared in the presence of two witnesses Jayakanthan and Sankar for seizure of 61.1 kg of heroin from the lorry between 9.00 p.m and 11.30 p.m. On 15.5.93, copies of the mahazar were handed over to all the accused. The contraband was kept in four gunny bags concealed amongst the Slate pencil packets. The gunny bags are M.Os.1 to 4. Each gunny bag was then opened and heroin was found in polythene bags. There were totally 67 polythene bags in four gunny bags containing 66.1 kg heroin. The slate pencil packets containing 1750 slate pencils were also seized under Exs.P.3 to P.7. Sample was also taken from the heroin for chemical analysis. The value of the heroin seized is about Rs.1,32,20,000/-. The accused, 2,3, 5, 6 and 7 also signed in the mahazar besides the witnesses. Thereafter, P.W.25 was informed. A report under Sec.57 of the Act was also sent by P.W.1. After the sample was taken, the remaining 65.910 kg of heroin were packed in 4 boxes. Statements were recorded from the accused with the help of Mr.Ramachandramurthy, another Inspector of Customs from A.6, A.7 in Hindi and was translated in English also. Ex.P.12 is the Hindi version of the statement of A.7 and his transaction is Ex.P.13. The statement of A.9 is Ex.P.16 and the English translation is Ex.P.17. Statements were recorded on 16.5.93. The statement of 6th accused is Ex.P.18 and its English translation is Ex.P.19. Then the 2nd accused was enquired and his statement was recorded in Ex.P.20 and the translated version is Ex.P.21. Thereafter, on 16.5.93, A.2, A.3, A.6, A.7, A.8 and A.9 were arrested. The sample heroin was sent through Ex.P.28 letter for autopsy. Analyst Report is Ex.P.29, which reveals that the Substance was only heroin. Ex.P.30 Chemical report was also received. The vehicle were also seized. The slate pencils were handed over to the parties concerned as per the Order of this Court after investigation was taken up P.W.25.