SOMASKANDARAJA VASANTHAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The appellants herein are convicted of the offence punishable under Section 29 read with 8(c) and Section 21(c) read with 8(c) of the Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act and are sentenced to suffer R.I. for 10 years and to pay fine of Rs. 1 Lakh i.d. S.I. for 6 months on each count by the Special Judge (N.D.P.S. Act) in Special Case No. 88 of 2005 vide Judgment and Order dated 11/12/2009. Being aggrieved by the said Judgment and Order, the appellants herein have preferred the present criminal appeals. Such of the facts necessary for the decision of these appeals are as follows:

(2.) On 30/1/2005 statement of accused Nos. 1 to 4 were recorded in the NCB office. It was revealed that there was a conspiracy between the accused and in pursuance to the said conspiracy, 2 kgs. of heroin was procured from the accused No. 5 by accused Nos. 1 and 3 to deliver it to accused Nos. 2 and 4 at room No. 201 of Pooja Guest House. The supervisor of Pooja Guest House i.e. Ravi Naidu disclosed to the police that room No. 201 was booked in the name of Ravindran by two persons who were introduced by accused No. 1. He had identified those two persons as accused Nos. 2 and 4. Further statements of accused Nos. 1 and 2 were recorded under Section 67 of the Act. Original accused No. 5 was arrested on 6/6/2005. His statement was also recorded under Section 67 of the N.D.P.S. Act. He had allegedly admitted that he had supplied Heroin to accused No. 1.

(3.) After completion of investigation on 10/7/2005 complainant filed complaint before the Court. The case was registered as Special Case No. 88 of 2005. The Special Judge framed charges under Section 29 read with 8(c) and under Section 21(1)(c) read with 8(c) of N.D.P.S. Act, 1985 against all the accused. The prosecution examined 13 witnesses to bring home the guilt of the accused.