N KANDIPAN; R PRABHAKARAN Vs. STATE

JUDGEMENT

(1.) These appeals are preferred against the judgment of conviction and order of sentence passed by the learned Special Judge, I Additional Special Court under NDPS Act, Chennai 104 in C.C.No.266 of 2004 dated 14.08.2012.

(2.) The appellant named R.Prabhakaran in C.A.No.552 of 2012 is the 2nd accused in C.C.No.266/2004 and the appellant named N.Kandipan in C.A.No.528 of 2013 is the third accused in C.C.No.266 of 2004. They are convicted for the offence under sections 8(c) r/w 21(c) and 29 of NDPS Act 1998 as amended by Act 9/01 and sentenced to undergo 10 years rigorous imprisonment for each offence and to pay a fine of Rs.1,00,000/- for each offence, in default, to undergo 6 months rigorous imprisonment for each offence by each of the accused. Totally there are three accused in this case.

(3.) The case of the prosecution in brief is that on 30.05.2004, the officer of NCB, P.W.2 Mr.S.Karthikeyan received information that a Srilankan namely Suresh @ Khalifa @ Sriskandaraja, an absconding convict in drug case is indulging in drug trafficking in Mumbai between Madhya Pradesh, Mumbai, Chennai and Srilanka with the assistance of the associate Kandipan(A3) , a Srilankan residing at Kottivakkam and the said Kalifa (A1) has procured about 3 kgs of heroin from Madhya Pradesh and come down to Chennai and was making arrangements to deliver about 3 kgs of heroin to one Ranganathan Prabhakaran (A2), a Srilankan and that the said Khalifa (A1) has sent his associate Kandipan(A3) with 3 kgs of heroin to deliver to Ranganathan Prabhakaran(A2) who has to illegally traffick to Srilanka through Rameshwaram in an Ambassador car bearing registration No.TN-09-J-7817 on 31.05.2004. On receiving the information, the NCB Officer, Chennai rushed to Tambaram Municipal Bus stop with two independent witnesses and mounted surveillance. The officer noticed a white colour Ambassador car coming from Chennai to Tindivanam direction. The officer surrounded the car with the help of two independent witnesses. The driver of the car disclosed his name as Koilraj and he is the owner cum driver of the above Ambassador car. The officer enquired the person who was seated in the car and seized 3 packets and on weighment, it was found to be 1.030 kgs, 1,030 kgs and 1.040 kgs, totally weighing 3.100 kgs. A seizure mahazar was drawn on the same day and the officer issued summons under section 67 of NDPS Act to those persons A2 and A3 on the same day and asked to appear before them and obtained a statement from them and thereafter, arrested them under section 8(c) r/w section 21(c), 28 and 29 of NDPS Act. They were produced before the Remanding Magistrate, Saidapet, Chennai.