- (1.) The Special Judge, Salem under Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), tried 11 accused for various offences. Six were convicted. Two of the convicted accused succeeded in the criminal appeal and the remaining four whose conviction and sentence has been maintained by the High Court by the impugned judgment are appellants before us. They are original accused Nos. 1, 2, 3 and 6. The trial Judge convicted accused Nos. 1, 2 and 3 for offences under Ss. 8(c), 29 read with S. 18 and Ss. 8(1), 29 read with S. 21 of the NDPS Act and awarded on each appellant the sentence of 10 years' rigorous imprisonment and also fine amount of Rs. 1 lakh and in default of payment fine for each offence, they were directed to undergo further rigorous imprisonment for two years. The substantive sentences were, however, directed to run concurrently. Accused No. 6 was also found guilty for offences under Ss. 8(c), 29 read with S. 21 of the NDPS Act and sentenced to undergo 10 years' rigorous imprisonment and fine of Rs. 1 lakh and in default of payment of fine, to undergo further rigorous imprisonment for two years.
(2.) In brief, the case of the prosecution is that on 15th May, 1993, a truck and car were apprehended. Accused No. 6 was in truck and accused Nos. 2 and 3 were in car. From them heroin weighing 66.1 kg. was seized. Accused No. 1, the main kingpin, is the brother of accused No. 2. Both were resident of Trichirappali. Accused No. 1 has been receiving narcotics from Mandasore, Madhya Pradesh, a place to which he belonged. Another brother of accused No. 1 named Durga Shankar was staying in the village Khonti in Mandasore District, Madhya Pradesh along with his parents. The father of accused Nos. 1 and 2 used to cultivate opium and their brother Durga Shankar used to get opium and heroin and send the same to Trichy. The consignment in question was to be received and sold with the help of accused No. 3 for ultimate export to Sri Lanka through accused No. 6, Mohd. Sabeer. The High Court in appeal having confirmed the conviction and sentence of accused Nos. 1, 2, 3 and 6, they are in appeal on grant of leave.
(3.) The conviction of the appellants is based primarily on their statements recorded under S. 67 of the NDPS Act as also on the recovery except from accused No. 1/appellant No. 1.;