Anand Byrareddy, J.

Heard the learned Counsel for the appellant and the learned Counsel for the respondents.

2. The State is in appeal through the Intelligence Officer, Narcotics Control Bureau, South Zonal Unit, Chennai, against the acquittal of the respondents-accused for offences punishable under Section 8(c) read with Sections 21, 25, 27-A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act" for brevity).

It was alleged that the respondents had entered into a criminal conspiracy, whereby they intended to transport 8 Kilograms of heroin, a narcotic drug from Delhi via Bengaluru to Srilanka and the carrier was one Anand of Srilanka. It had to be purchased by respondent 1 from one Jain of Mandsaur at Faridabad. It was alleged that respondents 1 to 3 were friends even prior to the date of the incident and they were instrumental in transporting contraband from Delhi to Bengaluru and had stayed at Hotel Minerva. As already stated the drug was procured from Madhya Pradesh. It was concealed in eight packets, weighing 8.185 Kilograms in all and was concealed in the false bottom of two suitcases and respondents 2 and 3 carried the same from Delhi on 24-12-2003 in Rajadhani Express and had reached Bengaluru on 28-12-2003 and had stayed in Room No. 301 at Hotel Minerva along with respondent 1, which was booked in advance on 26-12-2003. This was done for gain by respondents 2 and 3 and it was intended to be handed over to one Anand of Srilanka and it was to be transported from Bengaluru to Srilanka. It is on these allegations of having procured, possessed and transported 8.185 Kilograms of heroin, which was concealed in two suitcases. Thereafter, they were intercepted and arrested and the contrabands seized at Bengaluru by the Officers of the Narcotics Control Bureau, South Zonal Unit, Chennai, which had received information of the acts of the respondents on 28-12-2003 and had come to Bengaluru and had visited Hotel Minerva and had enquired about the respondents and had secured two panch witnesses with whom they visited Room No. 301, where respondents 1 to 3 were staying and they had confronted them and introduced themselves and explained to them of their intention and on inquiry, respondent 1 is said to have admitted the fact that he had carried the contraband and had delivered it to the premises No. 17/4, 2nd Floor, 4th 'A' Cross, Laljee Nagar, Lakkasandra, Bengaluru, where respondent 1 was said to be staying and it was placed in the kitchen of the premises.

On this information, the said officers along with the said respondent 1 then proceeded to Laljee Nagar and found respondent 4 who was present in the premises and he was also told about the identity of the officers and their purpose of visit and it was claimed that the respondents had admitted that the contraband was kept in the kitchen room. It was brought out of the kitchen and the false bottom of the rexin bag was cut open and 8 bags of heroin were recovered and samples were drawn from the said packets and sent to the Forensic Science Laboratory, Chennai for analysis, apart from conducting the test on the spot to ascertain the nature of the drug. It is thereafter further proceedings were taken, such as, drawing up of mahazar, recording of the statement of accused and issuing arrest memo and thereafter, having arrested them and having produced them before the Court of the Magistrate at Bengaluru on 30-12-2003, the accused thereafter were remanded to Judicial Custody. Later, a test report was received from the Forensic Research Laboratory, confirming that the samples contained the presence of Diacety 1 Morphine i.e., Heroin and remnant sample was collected by S. Karthikeyan, Intelligence Officer of Narcotic Control Bureau (NCB) on 17-5-2004.

Thereafter, a charge-sheet was filed against the respondents before the Court of Sessions, which is a Special Court to which the case was committed for the offences punishable