COMMON JUDGMENT

Accused nos.1 to 5 in the crime were tried by Additional Sessions Court in two different sessions cases (SC nos.324/02 and 260/04) for offences under Sections 21 (c), 28, 29(1) and 2(ix) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short). After trial, all of them were convicted and sentenced for offences under Section 120B of Indian Penal Code (' IPC ' for short) and Sections 29 and 21 of the Act. They filed above three independent appeals challenging the conviction and sentence. These appeals are heard and disposed of by this common judgment, for convenient sake.

2. According to prosecution, PW1, who is the Intelligence Officer attached to Directorate of Revenue Intelligence at Kozhikode, received telephonic information from Bombay on 24.06.2002 at about 5.30 p.m. that heroine was concealed in a truck bearing registration no.MP-09/KC-1671 which was loaded with marbles from Rajasthan and was heading towards Kerala. PW1 took down the information in writing (Ext.P1) and forwarded it to PW12, who is the Senior Intelligence Officer in the same office, in compliance with Section 42 of the Act.

3. Thereafter, PW1 along with PW2 and other off