MOHAMED NIZAR THASALEEN Vs. SUPERINTENDENT OF

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred against the sentence and conviction passed in C.C.No.770 of 2000 on the file of the Special District and Sessions Court for E.C. Act and N.D.P.S. Act Cases, Madurai and convicting the appellants and Bose @ Suba Chandra Bose (A7) and found them guilty under Section 8(C) r/w. 29, 8(C) r/w. 21 and 8(C) r/w. 23 r/w. 28 of N.D.P.S Act and convicting for 10 years rigorous imprisonment to each of the offence and imposing fine of Rs.1,00,000/-, in default rigorous imprisonment for three years to each of the offence and the sentences shall run concurrently. The total fine amount is 3 lakhs for each accused. The period of detention are ordered to be set off under Section 428 of Cr.P.C. The skeleton of the case of prosecution is as follows:

(2.) ON 30.03.2000 at 6.00 p.m., while, P.W.1, the Inspector of Customs, Tuticorin was in duty, received an information through his informer about the occurrence in writing and kept the same in a sealed cover for safe custody. Then, on the basis of the information, he prepared a D.R.I. report and handed over the same to the Assistant Commissioner of Customs for further action. Ex.P.1 is the D.R.I.Report. ON receipt of the D.R.I. Report, the Commissioner of Customs directed P.W.9 to proceed to Punnakayal Pump House to apprehend the persons concerned in the D.R.I. Report. Immediately, P.W.9 with the assistance of P.Ws.2 and 5 along with other Customs Officials went to the Punnakayal Pump House and conducted sea patrol in the night of 30/31.03.2000 in the sea off Punnakayal at about 01.00 hrs on 31.03.2000. They noticed a Srilankan Launch in the sea off Punnakayal Pump House. Immediately, they chased the same and since the launch disregarded the signals, to stop the launch, P.W.2 on the direction of P.W.9, fired five rounds from the departmental revolver in the air and hence the launch was stopped. Then, they boarded the launch and found A1 to A6 were there. Since the accused know only Singalese Language, P.W.9 examined them through the translator P.W.5, who knows their language. They were examined in the presence of two independence witnesses and ascertained their name. ON the search of the launch, they found a Polythene Bag in the Engine Room. From the examination of the first accused, P.W.1 ascertained that its content is Heroin.

(3.) ON 31.03.2000 at about 10.00 a.m, P.W.9 opened the seal of the polythene bag in the presence of A1 to A6 and the two independent witnesses in the Customs Office, Tuticorin for weighment and taking samples for Chemical Test and found that there were six packets, which were marked P1 to P6. The above packets were covered with brown colour cello tape and when the cello tapes were removed from each packets, white cloth like packing with plastic inner coating was found in each packet. When the polythene cover was opened, brown colour powder believed to be a Heroin was found in each packet. At the instruction of P.W.9, P.W.3 weighed the Heroin powder found in six packets and ascertained the net weight as follows: