JUDGMENT

The accused 1 and 2, the respondents herein were tried for the offences punishable under Sections 20 and 23 read with 29 of the Narcotic Drugs and Psychotropic Substances Act alleging that they exported 6 kilos of ganja by concealing the same in the Senna Leaves bags out of India. After trial, they were acquitted. Hence, this appeal by the Deputy Director, Narcotics Control Bureau, South Zone, Chennai.

2. The case of the prosecution is as follows:

(a) Senna Kesavan, the first accused is a commission agent doing business in exporting Senna Leaves and Senna Pods in the name of M/s. Ramesh and Babu at Tuticorin. P.S.A. Charles the second accused/ second respondent is a Job Typist helping A1 in typing the correspondence between Al and importers outside India.

(b) A1 got the orders for sending Senna Leaves and Senna Pods from a firm by name M/s. Tai Ping Trading Company in Hong Kong in the year 1987. Accordingly, he sent 17 bales of Senna Leaves, and 6 bales of Senna Pods to the Company at Hong Kong through shipment. While sending the said shipment, A1 kept concealed amongst Senna Pods 6 kilos of ganja in six bales.

(c) Thereafter, A1 sent a letter dated 8.6.1987 to the Hong