K THAMBIRAJA Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) The above Criminal Appeal is directed against the judgment dated 3.10.1996 passed in C.C.No.169 of 1994 by the Court of Special Judge for NDPS Act Cases, Madras, thereby convicting the first appellant for an offence punishable under Section 29 of N.D.P.S.Act and sentencing him to undergo R.I. for ten years and to pay a fine of Rs.1 lakh in default to undergo a further R.I. for a period of two years and convicting the second appellant for an offence punishable under Section 21 of N.D.P.S.Act and sentencing him to undergo R.I. for ten years and to pay a fine of Rs. 1 lakh, in default to undergo a further R.I. for a period of two years.

(2.) Tracing the history of the case as projected by the prosecution, it comes to be known that on 20.7.1994, based on an information, the Officer of Narcotics Control Bureau, Madras visited Hotel Sri Krishna at 170,Linghi Chetty Street, Madras-1 and searched room No.209 under the occupation of A.1 to A.3; that during the course of search, a black zipper shoulder bag containing about 500 grams of heroin was found which belonged to A.1. The statement of accused and materials collected revealed that A.1, A.2 and A.3 knowingly acted in conspiracy to purchase, possess, conceal, transport and attempt to export to Sri Lanka about 500 grams of heroin, thus, the accused A.1, A.2 and A.3 have committed the offence under Section 8, 23, r/w 29 of N.D.P.S.Act punishable under Section 21 of N.D.P.S.Act.

(3.) The Special Judge, N.D.P.S.Act Cases, Madras, having taken the case on file and observing the usual formalities, would conduct a full trial in which the prosecution has examined 7 witnesses for oral evidence as P.Ws. 1 to 7 and marked 25 documents for documentary evidence as Exs.P1 to P25 and 5 Material Objects as M.Os.1 to 5.