LEON BERNARD Vs. CENTRAL

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 16.2.2001 rendered in C.C.No.255 of 1998 by the Court of Additional Special Judge for NDPS Act Cases, Chennai thereby convicting the appellant for an offence punishable under Sections 8(c) read with 21 of the NDPS Act and sentencing him to undergo R.I. for ten years and to pay a fine of Rs.One lakh in default to undergo a further R.I.for a period of six months.

(2.) The charge against the appellant/accused before the trial Court was that on 7.10.1998, the officers of Narcotic Control Bureau, Chennai, intercepted the accused, on a specific information, at Chennai Central Railway Station and on enquiry the accused handed over the Heroin weighing about 820 grams in two Sunrise premium packets inside a polythene cover which was kept in a blue colour rexine bag and this contraband, the appellant/accused was in possession of for the purpose of transporting the same from Chennai to Trivandrum with intent to export the same to Colombo and hence the charge for the commission of offence punishable under sections 8(c) read with 21 of NDPS Act.

(3.) The trial Court, based on the said charge, has conducted the trial of the case with such opportunity afforded to the appellant/accused during which, the prosecution, which is burdened with proof of the case registered with such standard of proof beyond all reasonable doubts, has examined 6 witnesses for oral evidence as P.Ws. 1 to 6 besides marking 33 documents as Exs. P1 to P33 for documentary evidence and further marking 12 material objects as M.Os. 1 to 12.