(1.) The Criminal Appeal has been filed by the appellant to set aside the acquittal of the respondents in the judgment dated 09.06.2004 made in C.C.No.311 of 2004 passed by the Special Court for NDPS and EC Act Cases, Pudukottai, and convict and sentence the respondents in accordance with law.
(2.) The case of the prosecution is that on 07.11.2001, at about 7:00 p.m. P.W.4, Gunabalan, who was working as Superintendent of Narcotics Control Bureau, Chennai, received a call from the Assistant Director, M.J.Punnen and after due discussion about the information available, at about 9.00 p.m. P.W.4 along with a team of officials proceeded towards Hosur by office vehicle bearing Reg.No.TN-09-C-3113.
(3.) On 08.11.2001 at 08.00 a.m. P.W.4 along with officials reached Hosur and made surveillance on Bangalore-Hosur Highway, near Hotel Rich Saravana Bhavan and on the same day at about 3:15 p.m. a White Tata Sumo vehicle bearing Reg.No.TN-45-M-9898 came from Bangalore and proceeded towards Hosur. P.W.4 and their officials intercepted the vehicle and enquired driver of the vehicle. Apart from driver, three other persons namely N.Jeeva @ Indiran, K.Gurubalan, who are respondents herein and Saravanan, were found sitting in the car.