G. JAYACHANDRAN, J.

1. The appellants are the first and second accused in C.C. No. 9/2011 on the file of the learned II Additional Special Court under NDPS Act, Chennai-104. The appellants were found guilty of offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act)

2. The appellants were found in possession of 976 grams of heroin filled in 95 capsules and kept concealed in the fingers of silicon hand gloves. Based on the information received by K.R. Srikanth, Intelligence Officer, Narcotic Control Bureau (NCB), Chennai, S. Gunabalan, the Superintendent of NCB, Chennai ordered Thayumanavan and Saravanaraj, Intelligence Officers, NCB, Chennai, to take necessary action, and also accompanied them to Koyambedu Omni Bus Terminus, Chennai. They kept surveillance at Koyambedu Bus Stop on 02.11.2010 from 5.am. At about 6.00 am, Bus from Sathur operated by TVLS reached Koyambedu Bus stand. After confirming with the Drivers of the Bus, that the persons mentioned in the information are travelling in the bus, the team interrogated Selvam and Packiyanathan who were travelling in seat Nos. 19 & 20. After introducing themselves and conveying the information received about them, the officers conveyed to them about their intention to conduct search. A-1 Pakiyanathan took out a plastic bag containing about 1 kilogram of heroin packed in 95 capsules and handed over to Selvam, who in turn, handed over the same to Thayumanavan, Intelligence Officer.

3. The accused persons and the contraband handed over by them were taken to the office of TVLS Travels. The content of 95 capsules packed in fingers of hand gloves were cut open. Brown colour powder stuff in it were taken out mixed thoroughly and thereafter, tested in the field test kit. The test answered positive for heroin. The contraband therefore, on a reasonable belief, that it is heroin was seized under mahazar. Two five grams samples were drawn and marked as S.1 and S.2. The remaining powder weighing 966 grams were packed separately and marked as Ex.P.1.

4. During the personal search, the accused persons were intimated about their right under Section 50 of the NDPS Act, to be searched before the learned Judicial Magistrate or the Gazetted Officer. The accused persons declined to accept the said option. The said intimation was reduced into writing. The accused persons were searched in the presence of S. Gunabalan, the Superintendent, NCB, Chennai. From Packiyanathan (A.1), Indian currency Rs. 20,500/- was recovered and the same was inventorised. From the personal search of Selvam (A.2), Rs. 550/- and two cell phones were recovered and same was inventorised.

5. The accused persons were summoned under Section 67 of the NDPS Act, to appear before the NCB Office at Besant Nagar, Chennai. Accordingly, they both accompanied the Intelligence Officers and gave their respective statements. Through the statements, the respondent came to know that pursuant to the conspiracy, hatched in the Puzhal Prison by Bhavan @ Micheal Augastin Dixon (A.3) Selvam (A.2) had gone to Rajasthan procured 1 k.g. heroin from Prathapkar through Ravi @ Kamalsingh. Selvam (A.2) clandestinely transported from Rajasthan to Sathur on 31.10.2010. As per the instruction of Bhavan @ Micheal Augastin Dixon (A.3), Packiyanathan (A.1) had gone to Sathur packed the heroin in 95 capsules, concealed it and brought it to Chennai with intention to further transport it to Srilanka through Packiyanathan (A.1)

6. Pursuant to the information given by Selvam (A.2), his residence at Sathur was searched but, nothing incriminating could be recovered. Wife of Selvam (A.2) informed the Intelligence Officers who conducted the search that a bag given by Packiyanathan (A.1) to Selvam (A.2) was collected by someone, two days after her husband (A.2) left home.

7. Based on the information given by the accused, the call details of the phone number used by Packiyanathan (A.1) and Selvam (A.2) were collected