The court's decision was influenced by the statutory provisions of the NDPS Act, specifically Section 32-B, in determining the quantum of sentence and default sentence for non-payment of fine.

JUDGMENT :

(Prayer: Criminal Appeal is filed under Section 374 (2) of the Criminal Procedure Code, praying to set aside the judgment dated 07.03.2018 made in C.C.No. 5 of 2013 in RR.No. 17 of 2012 in NCB.F.No. 48/1/12/2012-NCB/MDS on the file of the I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai.)

1. This Criminal Appeal is filed praying to set aside the judgment dated 07.03.2018 made in C.C.No. 5 of 2013 in R.R.No. 17 of 2012 in NCB.F.No.48/1/12/2012-NCB/MDS on the file of the I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai.

2(a). Upon an information received from Mr.S.Satish Kumar, Assistant Manager (Security) M/s. Aramex India Private Limited, Plot No.1, Poomagal Street, Ekkattuthangal, Chennai - 600 032, over NCB Office Telephone on 17.07.2012, informing that he had reasonable suspicion about the contents of the consignment booked in three courier parcels, carriage Air Bills dated 17.07.2012 by one James, who was suspicion (1) Kenneth Aghjioba of West Africa (2) Simona De Jesus, Spain and (3) Frank Morris, Aubum, 2144 Sydney, N.S.W. Australia, the same was acted upon and upon the conduct of inspection in accordance with law, ultimately, it was found that the parcels contain substances, namely, carrying narcotic drugs totally weighing 1195 grams. Upon due completion of investigation, 200 grams of Methaqualone was recovered. After completion of investigation, a final report was filed before the I Additional Special Court for Exclusive Trial of Cases under the NDPS Act, which was taken on file in C.C.No. 5 of 2013. Upon considering the materials on record, the Trial Court framed the charges and upon questioning the accused under Section 313 of CrPC., he denied the same and stood trial.

2(b). Of the three accused, the case against A1 in C.C.No. 5 of 2013 was split up as per the order dated 28.11.2013 passed by the learned I Additional Sessions Judge and for A2 it was taken on file in C.C.No. 81 of 2013 and the same is still pending and A2 is absconding. As far as the appellant/A1 is concerned, he stood for trial. To bring home the charges against the first accused, in this case, P.W1 to P.W11 were examined and Ex.P1 to Ex.P54 were marked. The prosecution has also produced M.O.1 to 12. There was no evidence let in on behalf of the defence.

2(c). After hearing the learned Special Public Prosecutor and the learned counsel for the accused, the Trial Court found the Appellant/A1 guilty and convicted him for the offence under Section 8(c) read with Section 21(c) of the NDPS Act, 1985 (as amended by Act 9 of 2001) (hereinafter referred to as the "Act") and for the offence under Section 8(c) read with Section 22(b) of the Act. He was imposed a punishment of 14 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- for the offence under Section 8(c) read with Section 21(c) of the Act, in default of payment of fine, to undergo rigorous imprisonment for one year and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.1,00,000/- for the offence under Section 8(c) read with Section 22(b) of the Act, in default of payment of fine to undergo rigorous imprisonment for one year.

The sentences imposed on the first accused by the Trial Court was ordered to run concurrently.

3. Heard Mr.K. Livingston, learned counsel appearing for the appellant/A1 and Mr.N.P. Kumar, learned Special Public Prosecutor