JUDGMENT :

(Common Prayer : Petitions filed under Section 374 (2) of Cr.P.C, to set aside the judgment passed in C.C.No.46 of 2012 dated 21.07.2014 on the file of the Principal Special Judge, First Additional Special Court, (FAC) NDPS Act, Chennai - 104.)

1. The convicted A1 is the appellant in Crl.A.No.213 of 2016 herein., While A2 is the appellant in Crl.A.No.155 of 2015.

2. These Criminal Appeals are filed against the judgment pronounced by the learned Principal Special Judge, First Additional Special Court, (FAC), NDPS Act, Chennai - 104 in C.C.No.46/2012 dated 21.07.2014, convicting A2 for the offences under Section 8(c) read with 20(b)(ii) (C) of NDPS Act, 1985, as amended by Act, 9/01 and sentenced him to undergo 10 years Rigourous Imprisonment and to pay a fine of Rs.1,00,000/-, in default, to undergo 1 year Rigourous Imprisonment. A1 was convicted under Section 8(c) read with 20(b)(ii)(c) of NDPS Act and sentenced to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.2 lakhs, in default, to undergo 2 years Rigorous Imprisonment A3 was acquitted of charges. As against A4, separate trial was conducted in C.C.No.69/2013).

3. The respondent/Police filed charge sheet alleging that after completion of thorough and detailed investigation and based on the statements of the witnesses and confession statement of the accused, the then Deputy Superintendent of Police has laid the charge sheet against the accused (A1 to A3) in Chennai NIB C11) Crime No.91/2012 under Sections 8(c) read with 20(b)(ii)(c) of NDPS Act and the same was submitted before the learned Principal Special Judge, First Additional Special Court, [FAC] NDPS Act, Chennai - 104 and the same was taken on file vide C.C.No.46 of 2012, dated 07.12.2012.

4. Though the order of conviction was passed on 21.07.2014 appeals have been preferred from custody with a delay and after condoning the delay in filing the appeals, the appeals have been taken on file and assigned the number as stated supra.

5. A1 and A2 were convicted as stated supra and separate appeals have been filed by them.

6. The case of the prosecution is that, based on the source of secret information and after getting the permission from the higher officials, on 20.08.2012, the then Inspector of Police has conducted the vehicle check-up near 100 feet road, Vadapalani, Chennai and at that time, one White colour Innova car bearing Registration No.TN 58 U 0820 came to the spot from Andhra Pradhesh along with the accused persons, by name, 1) Sekar [A1) and 2) Rajapondi [A2] and it was found that 300 kilos dry Ganja was smuggled by them for Ganesan @ Kundu Ganesan [A3] and Selvam @ Thavakkalai Selvam [A4] from Madurai District.

7. The accused [A1 to A3] were arrested by the then Deputy Superintendent of Police and brought to the Police Station and their confession statement was recorded, wherein they have stated that A3 & A4 have given an amount of Rs.80,000/- and Rs.25,000/- respectively to get the 'Ganja', and they have purchased 300kgs of Ganja from Andhra Pradesh and transported the same by Innova Car.

8. As per the special report of the then Inspector of Police, a case was registered in Chennai NIB CID Crime No.91 of 2012 under Section 8(c) read with 20(b)(ii)(c) of the NDPS Act,1985.

9. During the course of the investigation, then Deputy Superintendent of Police has examined 8 witnesses and recorded their statements.

10. After completion of trial, the learned Principal Special Judge, First Additional Special Court, (FAC), NDPS Act, Chennai - 104 convicted the accused and sentenced them as follows on 21.07.2014:-