This appeal is filed by original accused No. 4 in N.D.P.S. Special Case No. 52/2005 clubbed with

N.D.P.S. Special Case No. 107/2005. The appellant was convicted under Section 27A of N.D.P.S. Act and was ordered to suffer Rigorous Imprisonment for a period of 10 years and to pay a fine of rupees 1 lac with default clause on 5th May, 2009. The appellant was arrested in this case in 2005 and since then, he is in custody.

The facts leading to this appeal, in short, can be stated as under:-

On 1st November, 2004, the Narcotics Control Bureau, Mumbai (“NCB” for short) received secret information about of 2 Kg. Heroin, a narcotic substance, being kept in a flat at Panvel. Pursuant to this information, the officers of NCB raided the flat and not only seized 2 Kg. Heroin but also apprehended one Lalson George (accused No. 1) for possessing the Heroin. Thereafter, the NCB registered a case vide case No. 19/2004.

2) During the investigation of this incident, two more persons were apprehended and statements of these three apprehended persons, under Section 6 of N. D. P. S. Act, were recorded. The allegation against the other two apprehended persons was that they handed over the Heroin to Lalson on the same day at a public place at Panvel. The NCB then arrested the apprehended persons and filed a complaint, which was registered as N.D.P.S. Special Case No. 52/2005 against above mentioned three persons. In the mean time, in April, 2005, the NCB learnt from secret source that the appellant would be found in certain hospital at Kochin. Accordingly, a team of NCB officers went to the said hospital on 5th April, 2005 and apprehended him near the said hospital. No contraband was found in possession of the appellant. The officers of NCB then recorded statement of the appellant at Kochin and also at Mumbai. Thereafter, the NCB completed investigation and filed one more N.D.P.S. Special Case before the Special Judge, Mumbai and it was numbered as N.D.P.S. Special Case No. 107/2005. Since both these cases were connected, they were tried together.

The allegation against the appellant is that he is resident of Mandsaur, Madhya Pradesh, where he procured Heroin and then sold it to one Usman Haji on several occasions. The modus operandi of the appellant was that he would deliver consignment of Heroin to various persons who were sent by Usman Haji to him either at Mandsaur or any other places. The NCB also alleges that the Heroin found in the house of Lalson too was supplied and sold by the present appellant. It is their case that he carried the consignment from Mandsaur to Mumbai and on 1st November, 2004, at about 2.00 p. m., he delivered the same to the other two persons apprehended in this case, mention of whom is already made above.

3) The NCB case further suggests that Lalson is a craftsman who expertise in making suitcases and briefcases, in which the Heroin could be concealed. Heroin in this case, was delivered to Lalson for concealment. The NCB also suggests that on many occasions earlier, the appellant sold Heroin to various parties sent to him by Usman Haji and the consignments then were delivered to Lalson for concealing in specially crafted cases. Such suitcases were then carried by carriers abroad. It is alleged that the appellant deposited large sum of money in the bank account of accused Nos. 1’s wife for financing of illicit drugs traffic.

4) In this case, the Learned Special Judge framed charge against Lalson, the appellant and two other persons for offences punishable under Sections 29 read with Section 8(c), Section 30 and Section 27A of N. D. P. S. Act. When they pleaded not guilty, the NCB recorded their evidence through 12 witnesses.

“PW No. 1 deposed that it was he who received the secret information on 1st November, 2004 at 2.00 p. m. while he was at his office at Mumbai. He immediately jotted down the report on a piece of paper, he personally signed it along with his colleague and immediately sent it to his superior of