Objection not raised before trial court cannot be raised at appellate stage.

Second Accused in C.C.582/2003 on the file of Special Judge for E.C. Act and NDPS Act Cases, Madurai is the appellant. By the judgment dated 27.6.2003, the trial court convicted the Appellant/Accused under Section 8(c) read with 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act") and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rupees One Lakh.

2.Gist of charges framed against the accused and the finding of the trial court is as noted below:

3.An unique instance of huge recovery of 3,508 Kgs of CHARAS worth Rs.3,50,80,000 from private boats M.S. SONIA and EBENESER RATHINAM. Case of prosecution could be elaborated thus:

On 15.2.96-6.30 a.m, P.W.1 was working as Intelligence Officer, D.R.I, Tuticorin. At that time, an informer gave information about the concealment of 175 parcels of Narcotic Drug in two boats namely M.S. SONIA and EBENESER RATHINAM stationed at Fishing Harbour, Tuticorin. At about 7.00 hours on the same day he reduced the information into writing and submitted to P.W.2 who was camping at Tuticorin for further action. Ex.P1 is the Report.

4.Thereafter P.W.2 rushed to the fishing harbour referred in Ex.P1 along with other Customs Officials. He also requested P.W.4-Pauldona and Rajeswaran to be witnesses for search of Launches M.S. SONIA and EBENESER RATHINAM.

5.P.W.2 and his Team of Customs Officials, along with the independent witnesses, including P.W.4, went near the fishing Launch M.S. SONIA which was berthed in the southern side of the fishing harbour. A1 and A2 were available in the said Launch M.S. SONIA and they revealed their identity.

6.P.W.2 informed A1 and A2 that they have right to opt for their personal search by any other Government Gazetted Officer. For that, A1 and A2 opted to be searched by P.W.2 and his men. However, on search of A1 and A2, no incriminating things were recovered. Then P.W.2 searched the Launch M.S. SONIA in the presence of A1 and A2 and P.W.4 and other witnesses and found 37 polythene bags kept below the deck. On examination, it was found to contain 316 numbers of 1 Kg pocket.

7.Then P.W.2 along with the said persons including P.W.4 went near the Launch EBENESAR RATHINAM. No one was available in the Launch. P.W.2 searched the launch and found 139 polythene bags kept below the deck. On examination, it was found to contain 3192 numbers of 1 Kg pocket.

8.P.W.2 then opened all the 1 Kg pocket and tested a few pockets from both the Launches by Narcotic kit, which answered positive for the Narcotic Drug HASHISH. Then P.W.2 seized the above said drug totally in 179 polythene bags weighing 3508 Kgs., on the reasonable belief that they are liable for confiscation under NDPS Act. He also seized the two Mechanized Fishing Launches along with accessories and Fishing Nets which were used for the transport of the said drugs under NDPS Act.

9.P.W.2 thereafter arranged 176 polythene bags containing 3508 Kgs. into 44 lots and drew the representative samples from each lot weighing 30 grams totally 88 pockets and marked as L1S1, L1S2 to L44S1 and L44S2. All the samples and 44 lots were sealed in the presence of P.W.4 and A1 and A2 and obtained their acknowledgment. The value of HASHISH was arrived at Rs.3,50,80,000/-. These transactions took place between 8.00 hours to 21.00 hours. P.W.2 seized the same under Ex.P2- Mahazar. P.W.2 also gave a copy of the Mahazar to A1 and A2 and obtained their acknowledgment.

10.On 16.2.96, Papainston Samuel recorded the statement of the first accused under Section 67 of the NDPS Act in the presence of P.W.2. Ex.P3 is the statement of the first accused wherein he signed on the same day the second accused on his own writing given a statement under Section 67 of the NDPS Act in the presence of P.W.2. Ex.P4 is the statement of the second accused.

11.On 16.2.96 at about 12.15 hours P.W.2 arrested the first accused, after explaining the reasons for the same. Ex.P5 is the Arrest Memo of the first ac