1. These Criminal Appeals arise out of the judgment of conviction and sentence, dated 10.11.2004 in C.C.No.254 of 2002 on the file of the Principal Special Court under E.C. and N.D.P.S. Acts, Chennai-104, whereby, the appellant (A.1) in Crl.A.No.1368 of 2004 and the appellant (A.2) in Crl.A.No.238 of 2007, were convicted for the offence under under Section 8(c) read with Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and each sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lakh each, in default, each to undergo one year rigorous imprisonment. A.1 and A.2 were acquitted of the charge under Section 29 of the NDPS Act and A.1 was also acquitted of the charge under Section 8(c) read with 28 of the NDPS Act.

2. The case of the prosecution is as follows:

The Intelligence Officer, Narcotics Control Bureau, South Zonal Unit, Chennai, laid charge sheet against the appellants/A.1 and A.2 and absconding accused Sarat and Saleem. P.W.1 Nalini Rajam, Intelligence Officer, Narcotics Control Bureau, South Zonal Unit, Chennai, received specific information on 20.2.2002 at about 15 hours over phone that A.1 Mohammed Muzam @ Thambi and A.2 Lyndon Albert Raj were carrying about 2.588 kgs. of heroin, concealed in a new blue-black travelling bag in false bottom and arriving at Chennai Central from Jaipur by Jaipur Express on 21.2.2002.

P.W.1 Nalini Rajam, the then Intelligence Officer, NCB, Chennai, recorded the information under Ex.P-1 and submitted the same to P.W.6 Punnan, the then Assistant Director, NCB, Chennai.

P.W.6, on receipt of the information, called P.W.2 Karthikeyan, P.W.7 Murugesan and P.W.1 Nalini Rajam, the then Intelligence Officers, NCB, Chennai, and briefed them about the information and also action to be taken. P.W.6 also sent Ex.P-2 letter through P.W.1, addressed to Superintendent of Police, CBI, Chennai, requesting him to provide two officers as witnesses to be present at the time of search and seizure. P.W.1 handed over Ex.P-2 to Superintendent of Police, CBI, Chennai. P.W.1 came to NCB Office on 21.2.2002 at 7.30 a.m.. P.W.5 Abirami Selvan and Mugilan, CBI Officers, came there and P.W.5 and Mugilan were informed about the information. Then P.W.1, P.W.2 and P.W.7, along with P.W.5 and Mugilan, proceeded to Central Railway Station and reached there at 9.30 a.m. At about 10 a.m., Jaipur Express arrived in Platform No.4 and A.1 and A.2, alighted from II A/c. coach and were intercepted.

A.1 and A.2 were informed about their right to search, as contemplated under Section 50(1) of the NPDS Act. When the accused were enquired, they revealed that they concealed 2.5 kgs. of heroin in the false bottom of new blue-black travelling bag, which was in possession of A.2 and they handed over four polythene packets containing the above contraband to P.W.1.

When the contraband was tested with the help of the field test kit, it answered positive for heroin and the total weight of the contraband was 2.588 kgs. That has been recovered under Ex.P-3, in the presence of two independent witnesses, P.W.5 and Mugilan. 5 gms. were taken from each of the packets and the same were sealed with NCB.11 and were numbered as S1 to S8. The polythene packets containing the remaining contraband after taking samples, were also sealed after numbering the same as P1 to P4. The new blue-black travelling bag which was used for concealing the contraband was also sealed and numbered as P5. The polythene covers numbered as P1 to P4 were marked as M.Os.1 to 4 before Court. The blue-black travelling bag is M.O.5.

When A.1 was searched, he was found in possession of train ticket Ex.P-4, additional train fare receipt Ex.P-5, the driving licence copy Ex.P-6 and M.O.6--cash Rs.3,550/-.

When A.2 was searched, he was found in possession of driving licence and his visiting card and the same were recovered and they were marked as Exs.P-7 and P-8.

The sample pa