JUDGMENT :

Abhay S. Oka, J.

FACTUAL ASPECTS

1. Criminal Appeal No.451 of 2011 has been preferred by accused no.3 and Criminal Appeal No.1185 of 2011 has been preferred by accused no.1. As per the case of the prosecution, PW-2 Nalini Ranjan, Intelligence Officer, Narcotics Control Bureau (for short, ‘NCB’), South Zonal Unit, Chennai received information on 16th May 2002. Based on the information, she along with her team and two independent witnesses namely Devendran and Prabhu conducted a raid at Room No.303, Hotel Suriya, Periamet, Chennai where accused no.4 – F. Anna Raj was staying. The officers of NCB found that apart from accused no.4, accused nos.1 to 3 were also present in the room. The door of the room was opened by accused no.1. In the room, a bag containing narcotic substance was found which was seized. The narcotic substance found was 5.067 kilograms of heroin. The Trial Court convicted the accused no.1 (appellant in Criminal Appeal No.1185 of 2011) for the offences punishable under Section 8(c) read with Sections 21(c), 27A, 28 and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’). He was sentenced to undergo rigorous imprisonmen