JUDGMENT: Nithyanandam, the appellant herein, challenging the conviction for the offence under Sec.8(c) read with 21 of the N.D.P.S. Act and sentence to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000, has filed this appeal.

2. The short facts leading to the conviction are as follows:

"(a) P.W.3 Kalidhasan, the Sub Inspector of Police, NIB CID received the information Ex.P-4 on 22.9.1993 at about 11.15 p.m. regarding the offenders involving in the possession of heroin at Periyamedu. He recorded the same in Ex.P-5 and sent it to P.W.5, the Inspector of Police, NIB CID. Then, he proceeded to the spot for surveillance at the junction of Naval Hospital Road and E.V.R. Periyar Road at Periyamedu. He secured the help of one Jaykumar P.W.4 to be as a witness for search.

(b) P.W.3 and Head Constable P.W. 1 along with P.W.4 were watching the movements of the offenders. At that time, i.e., on 23.9.1993 early morning, they found two persons including the appellant walking along the road. They accosted them and disclosed their identity to them. After informing their right of exercising their option with regard to the search, those persons allowed P.W.3 to search them.

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