The appellant herein stands convicted by the learned Special Judge, Additional Special Court under NDPS Act, Chennai, in C.C.No.9 of 2004 for the offences under Sections 8 (c) r/w 21(c), 28 and 29 of the NDPS Act, 1985, and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1 lakh in default to undergo six months rigorous imprisonment each and the sentences are ordered to run concurrently. Aggrieved by the said conviction and sentence, the appellant herein had preferred this appeal.

2. The case of the prosecution in brief is as follows: On 24.04.2007 at about 2.30p.m., P.W.3 Intelligence Officer received an information about the drug trafficking and at about 2.30p.m., the appellant was intercepted by P.W.3 and other officers at Anna International Airport and he was enquired. The accused admitted that he swallowed 80 capsules containing heroine. On the same day at 5.30p.m he was produced before the IX Metropolitan Magistrate, Saidapet, and on courts direction he was taken to the Adyar Malar Hospital and X-ray was taken on his stomach and he was admitted in the hospital and in the night he ejected 32 capsules 115 grams heroine. Samples were taken f