The prosecution must prove its case beyond reasonable doubt in NDPS Act cases, and possession of contraband can be established through voluntary statements and evidence of seizure.

JUDGMENT :

(Common Prayer: Criminal Appeals filed under Section 374(2) of the Code of Criminal Procedure, against the judgment of conviction and sentence passed by the learned Special Judge, I Additional Special Court under NDPS Act, Chennai, in C.C.No.42 of 2012 dated 04.02.2017.)

1. The appellant in Crl.A.No.457 of 2017, viz., Rameshwar, is arrayed as Accused No.1 in C.C.No.42 of 2012, on the file of the learned Special Judge, I Additional Special Court under NDPS Act, Chennai.

2. Similarly, the appellants in Crl.A.Nos.461 of 2017 viz., Badreelal, Munnibai and Rekha, are arrayed as Accused Nos.2 to 4 and the appellant in Crl.A.No.157 of 2017, viz., Manivannan @ Ruban @ Subash, is arrayed as Accused No.5, in the above referred Calendar Case.

3. Since all these three appeals are arising out of the judgment dated 04.02.2017, rendered in C.C.No.42 of 2012, on the file of the learned Special Judge, I Additional Special Court under NDPS Act, Chennai, they are taken up together, heard and disposed of by a common judgment. For sake of convenience, hereinafter, the appellants are addressed as per their rank in C.C.No.42 of 2012.

4. Before the trial Court, the Accused Nos.1 and 5, stood charged for the offence under Section 8(c) r/w Sections 29, 21(c) and 28 of the NDPS Act. Similarly, the Accused Nos.2 to 4, stood charged for the offence under Section 8(c) r/w Sections 29 and 21(c) of the NDPS Act.

5. By judgment dated 04.02.2017, the learned Special Judge, I Additional Special Court under NDPS Act, Chennai, convicted the Accused Nos.1 and 5 and sentenced them to undergo 10 years of rigorous imprisonment each and to pay a fine of Rs.1,00,000/-, each for the offence under Section 8(c) r/w Section 29, 21(c) and 28 of NDPS Act, in default to undergo 6 months rigorous imprisonment each.

6. Further, Accused Nos.2 to 4, were convicted and sentenced to undergo 10 years of rigorous imprisonment each and to pay a fine of Rs.1,00,000/-, each for the offence under Section 8(c) r/w Sections 21(c) and 29 of NDPS Act, in default to undergo 6 months rigorous imprisonment each. The trial Court further ordered to set off the sentence already undergone by the accused, under Section 428 of Cr.P.C.

7. Challenging the said conviction and sentence, all the accused are before this Court, by filing the present Criminal Appeals.

8. The case of the prosecution, in brief, is as follows:

(i) On 10.05.2012, around 3.30 pm, the respondent received a specific information [Ex.P1] to the effect that Accused No.1, along with Accused Nos.2 to 4 are indulging in trafficking of Narcotic Drugs and they are carrying about 6 Kgs of heroin concealed in the false bottom of the hand bags and that they are travelling in Berth Nos.50, 51, 52 and 53 of S-11 coach of Tamil Nadu Express, reaching Chennai on 11.05.2012 and that Accused No.5 of Chennai would be coming to Walltax Road, near Central Railway Station to collect the contraband from Accused No.1

(ii) Based on the said information, the officers of the respondent went to Platform No.4 of Central Railway station on 11.05.2012, along with independent witnesses and identified the Accused Nos.1 to 4. On enquiry, Accused Nos.1 to 4 admitted that each one of them are having 1.5 kgs of heroin in the false bottom of their bags. As the said Platform No.4, is inadequate to conduct the Mahazar proceedings, they were taken to RPF office at Chennai Central Railway Station, along with the independent witnesses and on the way to RPF office, on enquiry, it was confirmed by Accused No.1 that Accused No.5, is waiting in his car in Walltax Road, to receive the contraband. On knowing the same, a team of officers were sent to secure the Accused No.5 and the officers identified the Accused No.5 and brought to the RPF office and thereafter, Accused No.5 was identified by Accused No.1 before the independent witnesses.

(iii) PW2-Thiru.M.Chenchuraman, along with other officers at the time of Mahazar proceedings dated 11.05.2012 [Ex.P51], seized 6.630kgs of hero