JUDGMENT :

PANKAJ MITHAL, J.

1. Leave granted.

2. Heard Mr. Narendra Hooda, learned Senior counsel for the appellant and Ms. Aishwarya Bhati, learned Additional Solicitor General for the respondent.

3. On the basis of the information received by the Intelligence Officer of Narcotics Control Bureau¹[hereinafter referred to as “NCB”], a lorry parked near Puzhal Central Jail, Chennai, was intercepted by NCB on 28.03.2000 early in the morning. Four persons were found in the lorry and upon search, they were found in possession of commercial quantity i.e. 20 kgs of heroin kept in two jute bags. The samples were drawn from each of the packets i.e. 14 big and 12 small polythene packets kept in the two jute bags and they were seized under a seizure memo i.e. Mahazar. All the four persons were arrested after receiving the analyst report that the seized substance was nothing else but heroin.

4. Consequently, the case crime No.113/2000 was registered. The trial court upon consideration of the evidence on record held all the four persons guilty under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985²[hereinafter referred to as “NDPS Act”] and convicted them to undergo rigoro