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 ho