IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2012

CORAM:

THE HONOURABLE MS. JUSTICE R. MALA

Criminal Appeal Nos.814 of 2009 and

8, 33 & 40 of 2010

Badrilal Sharma .. Appellant/A4

(in Crl.A.No.814/2009)

Tofan Singh .. Appellant/A3

(in Crl.A.No.8/2010)

Babulal Jain .. Appellant/A1

(in Crl.A.No.33/2010)

Prem @ Kannan @ Sudeshwaran .. Appellant/A2

(in Crl.A.No.40/2010)

v.

State by

The Intelligence Officer

Narcotics Control Bureau

South Zonal Unit

Chennai-90. .. Respondent/Complainant

(in all cases)

Criminal Appeal Nos.814 of 2009 & 33 of 2010 filed under Section 374(2)

of Cr.P.C., against the judgment of conviction and sentence, dated

18.12.2009, made in C.C.No.55 of 2005 on the file of the Additional

Special Court under NDPS Act, Chennai.

Criminal Appeal Nos.8 of 2010 & 40 of 2010 filed under Section 374(2) of

Cr.P.C. r/w Section 36-B of NDPS Act, 1985, against the judgment of

conviction and sentence, dated 18.12.2009, made in C.C.No.55 of 2005 on

the file of the Additional Special Court under NDPS Act, Chennai.

For Appellant/A1

: Mr. N.R.Elango, senior counsel for

Mr.S.T.Raja for M/S.Ohm Sairam

in Crl.A.No.33 of 2010

https://hcservices.ecourts.gov.in/hcservices/

For Appellant/A2

: Mr.R.C.Paul Kanagaraj in

Crl.A.No.40/2010

For Appellants/A3&A4 : Mr.B.Kumar, senior counsel for

Mr.T.S.Sasikumar in

Crl.A.Nos.814/2009 and 8/2010

For Respondent : Mr.N.P.Kumar, Spl. Public Prosecutor

(in all cases)

for NCB cases.

C O M M O N J U D G M E N T

The appeals are arising out the judgment of conviction and

sentence, dated 18.12.2009, made in C.C.No.55 of 2005, on the file of

the Additional Special Court under N.D.P.S. Act, Chennai, whereby the

accused 1 to 4 were convicted for the offences under Sections 8(c) r/w

21(c) and 29 of NDPS Act, 1985. Accused 1 to 4 were convicted for the

offences under Section 8(c) r/w 21(c) of NDPS Act and sentenced them to

undergo 10 years rigorous imprisonment each and imposed a fine of

Rs.1,00,000/- each in default in payment to undergo rigorous

imprisonment for one year each and further they were convicted for the

offences under Section 8(c) r/w 29 of NDPS Act and sentenced to undergo

ten years rigorous imprisonment each and to pay a fine of Rs.1,00,000/-

each in default in payment to undergo one year rigorous imprisonment

each.

2.The Intelligence Officer, NCB, Chennai, has lodged a complaint

that the accused A1 to A4 and two absconding accused namely, Guddu Singh

@ Vikram Singh & Ravi have entered into criminal conspiracy at Chennai,

Nellore in Andhra Pradesh and Srilanka to procure, possess, transport

and attempt to export out of India 5.250 kgs. of heroin, which came to

be seized on 24.10.2004 at about 12.00 hours at G.N.T. Road, 100 feet

road junction, Madhavaram from A1 to A4, who were travelling in White

Ambassador car bearing Registration no.TN01K0923 proceeding towards

Chennai, when it was intercepted by the NCB Officers. Hence, the charge

sheet has been filed against the accused A1, A3 and A4 for the offences

under Sections 8(c) r/w 21(c), 28 and 29 of NDPS Act, 1985 as amended by

Act 9/2001 and against A2 for the offences under Sections 8(c) r/w 21C,

27A, 28 and 29 of NDPS Act, 1985 as amended by Act 9/2001 and under

Section 3(3) of Passport Entry in India Act, 1920 and under Section 14

of the Foreigner Act, 1946.

3.Since the absconding accused namely, Guddu Singh @ Vikram Singh

and Ravi were not able to be procured the case against them, the case

was split up as