J ALPHONSE Vs. STATE REP

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 27.2.1996 rendered in C.C.No.283 of 1993 by the Court of Special Sessions Judge, (E.C.Act Cases), Madurai, thereby convicting the appellant for an offence punishable under Sections 8(c) r/w 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), sentencing him to undergo 10 years R.I. and to pay a fine of Rs.1 lakh and in default, to undergo a further R.I. for a period of three years.

(2.) The charge against the accused as framed by the trial Court is that firstly the appellant/accused, joining hands with two others, entered into a conspiracy to transport 'Abin' worth Rs.2,35,000/- in a car and hence they are punishable under Section 29 of the NDPS Act. Secondly the appellant/accused, having been in possession of ‘Abin’ weighing 47 Kgs. without any valid permit or licence, in order to export the same from India and transporting the same in India from one place to another having indulged in all acts for exporting the said contraband ‘Abin’, had become liable for being tried and punished under Sections 23 and 30 of the NDPS Act and also under Section 135A of the Customs Act.

(3.) The trial Court, having framed the above charges, had conducted an elaborate trial permitting the parties to record their evidence. On the part of the prosecution, 8 witnesses have been examined as P.Ws. 1 to 8, besides marking 27 documents as Exs.P.1 to P.27 and 15 materials objects have been also marked as M.Os.1 to 15 and on the part of the defence, one witness has been examined as D.W.1 and one document has been marked as Ex.D.1.