The appeal is preferred by the accused against the conviction and sentence imposed by Special District Judge, Madurai in C.C.No.284 of 1993 dated 18.3.1996.

2. The charge against the appellant/accused is that on 19.7.1990 in the early morning, the Customs Preventive Unit, Tuticorin, while conducting coastal patrol in the area around New Port, Tuticorin noticed one Vallam and that they intercepted that Vallam after hard chase and opening of fire and that they noticed one person jumped from Vallam and escaped from the scene and another person namely the first accused Stanley was found in the Vallam and that they found two parcels in that Vallam and that on examination of the said parcel, they found brown sugar worth about Rs.66 lakhs and that therefore, the accused is liable to be punished under Secs. 8-C, 21 of NDPS Act, Secs.29, 23, 25 and 135(1)(a)(ii) of the Customs Act.

2. The Superintendent of Central Excise, Customs filed the complaint against the appellant/accused and another accused Raghavan. As the said accused Raghavan absconded during the pendency of the proceedings. The case was split up against him.

3. The appellant/accused denied the charges levelled against him.