JUDGMENT :

(Prayer: Criminal Appeal filed under section 374[2] Cr.P.C., to set aside the conviction of the appellants in CC.No.151/2004 dated 04.10.2010 by the learned Special Judge, Additional Special Court under NDPS Act, Chennai 600 104 by allowing this appeal.)

1. The above criminal appeal is filed by the appellants/accused who are arrayed as A-1 and A-2, challenging the impugned judgment of conviction and sentence imposed on them by the learned Special Judge, Additional Special Court under NDPS Act, Chenai-104, dated 04.10.2010 in CC.No.151/2004. Totally, there were three accused in this case and the 3rd accused, viz., Yesudoss, died during investigation and hence, the charges against him, got abated. The appellants/A-1 and A-2 stood charged and tried for the offences under sections 8[c] r/w 21[c], 23 and 29 of NPDS Act, 1985 [Amended Act 9/2001] and the Trial Court, vide impugned judgment, had acquitted them for the alleged offence u/s.8[c] r/w 23 of NDPS Act, 1985, Amended Act 9/2001 and however convicted them for the offences under section 8[c] read with 29 and 8[c] read with 21[c] of NDPS Act, 1985, Amended Act 9/2001 and sentenced each of them to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- each with a default sentence of six months rigorous imprisonment for each of the offences u/s.8[c] read with 21[c] and 8[c] read with 29 of NDPS Act, 1985 Amended Act 9/2001. The sentences were ordered to run concurrently. The period of incarceration already undergone by them, was also given set off under section 428 Cr.P.C.

2. The case of the prosecution is that the appellants herein/A-1 and A-2 along with one Yesudas [A-3] were found in possession of 1 Kg of Heroin which they had criminally conspired to export to Srilanka. After completion of the investigation, the Final Report had been laid by the Investigating Office against the appellants/accused for the offences under sections 8[c] read with 21[c], 23 and 29 of NDPS Act, 1985 [Amended Act 9/2001].

3. The case was taken on file in CC No.151/2004 on the file of the learned Trial Judge, viz., the learned Special Judge, Additional Special Court under NDPS Act, Chennai, and necessary charges were framed. The accused had denied the charges and sought for trial. In order to bring home the charges against the accused, the prosecution examined 9 witnesses as PW.1 and PW.9 and Exs.P1 to P34 and M.Os.1 to 4 were marked. On the side of the defence, no oral and documentary evidence was let in.

4. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313[1][b] of Cr.P.C as to the incriminating circumstances found in the evidence of prosecution witnesses and the accused had come with the version of total denial and stated that they have been falsely implicated in this case.

5. The Court below, after hearing the arguments advanced on either side and also looking into the materials available on record, convicted the appellants/A-1 and A-2 for the aforesaid offences and awarded punishment, as referred to above, which is challenged in this Criminal Appeal.

6. When the appeal came up for hearing on 27.06.2019, there was no representation for the appellants/A-1 and A-2 and therefore, the matter was directed to be listed on 01.07.2019. On 01.07.2019, this Court had called for a Report from the learned Trial Judge with regard to the said aspect and directed the case to be listed on 08.07.2019. On 08.07.2019, there was no representation for the appellants/A-1 and A-2 and the learned Special Public Prosecutor had submitted that the appellants/A-1 and A-2 are not complying with the condition imposed on them and hence, this Court directed the Legal Services Authority, Chennai to appoint a counsel from the Panel of Advocates to represent on behalf of the appellants/A-1 and A-2 and accordingly, Mrs.A.Veeramarthini, learned counsel was appointed as the Legal Aid Counsel to appear on behalf of the appellants/A-1 and A-2.

7. Mrs. A. Vee