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TMI Blog2002 (1) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... sent 17 bales of Senna Leaves and 6 bales of Senna Pods to the Company at Hong Kong through shipment. While sending the said shipment, A1 kept concealed amongst Senna Pods 6 kilos of ganja in six bales. (c) Thereafter, A1 sent a letter dated 8-6-1987 to the Hong Kong Company stating that along with the bales of leaves and pods he has sent a new special herb which can be sold at high cost and asking them to sell it and get the commission and send the balance amount to him. (d) The Hong Kong Customs Authorities checked the consignment and recovered the 6 kgs. of ganja. They sent the same to the Laboratory and obtained the report stating that the same is Cannabis (ganja). On coming to know that the same was sent to the Hong Kong Company by the Indian Company situated in Tuticorin, the Hong Kong Customs Authorities sent a report to the Indian High Commission at Hong Kong. On receipt of this report, the Secretary of the Indian High Commission at Hong Kong addressed a letter on 16-9-1987 to the Director General of Narcotics Control Bureau, New Delhi informing the same and requesting to take action. The Director General forwarded the same to the Deputy Director of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... city in the crime. The trial Court, ultimately, acquitted the accused. This is under challenge before this Court. 6.Mr. P.N. Prakash, the learned Special Public Prosecutor would argue at length by citing very many decisions and contend that every one of the reasonings given by the trial Court for acquitting the accused is not only against law but also perverse. 7.Mr. M. Chinnasamy, the learned counsel appearing for the respondents 1 and 2 would reply to the said contentions. But however, when the matter was adjourned to various dates for giving opportunity to make further submissions, the counsel on record M/s. Gopalakrishna Raju and M. Chinnasamy were not present. Thereafter, one Mr. Kasi Rajan, Counsel entered appearance on behalf of the respondents 1 and 2. But, when the matter was posted, he was also absent. Therefore, this Court directed the Registry to appoint an Amicus Curiae counsel to appear for the accused. At the same time, fresh notice also was ordered. When the matter came up for hearing, it was pointed out that the first respondent, who is residing at Tuticorin, is evading service of the notice of this Court. Ultimately, Mr. S. Panneerselvam, Amicus Curiae counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused exported the same for the first time. This conclusion is without any basis. The materials available on record would show that A1 exported Senna Leaves and Senna Pods and intimated the same to Hong Kong party through two letters Exs.P13 and P21. Therefore, this finding is without basis. As a matter of fact, the trial Court found that M/s. Ramesh and Babu is a Company exporting Senna Leaves and Senna Pods run by A1. It is also found by the trial Court that the consignment in question was exported by the accused alone. Under those circumstances, the factum of recovery of 6 kilos. of ganja from the consignment can be held to be established by the documentary evidence. 15.The trial Court would strangely hold that some one inimical to A1 must have written letters. Ex.P20 is a letter written by the Hong Kong Importer to M/s. Ramesh and Babu. In that letter, they specifically stated that they do not need this special herb. In spite of the receipt of the said letter, A1 sent another letter Ex.P21 reiterating that he is sending the said herb. In such circumstances, there is no reason to come to the conclusion that some enemy to A1 must have done that. 16.The trial Court found fault ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise Collectorate, Cochin [1997 (90) E.L.T. 241 (S.C.) = JT 1997 (2) S.C. 120]. 20.The reading of Ex.P28, the confession given by A1 would show that he gave details of wealth which are specially known to him and which are so connected with the consignment in question. Furthermore, on the basis of the said statement, the involvement of A2 and A3 were also detected. Under those circumstances, the confession cannot be ignored merely because they have been retracted. 21.In this case, the confession given by A1 not only would give the minute details about the act done by him but also is corroborated by the materials already available with the hands of the officials and other materials collected subsequent to the recording of confession. 22.Furthermore, the reading of the confession Ex.P28 which would disclose the detailed facts which are exclusively within the knowledge of the persons concerned, would show that the said confession was given voluntarily without threat or coercion. 23.As indicated above, the initial recovery made by the Hong Kong officials would also corroborate the confession of A1. Similarly, after the confession of A1, the premises of A3 was searched and 230 gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f this appeal before this Court, as it is pointed out that the first accused was evading service, the trial Court may take suitable steps to secure the presence of the first accused for complying with the directions given by this Court. 29. [M. Karpagavinayagam, J.]. - The case in question was tried by the learned Principal District Judge, Tirunelveli in S.C. No. 245 of 1989 and the same ended in acquittal. As against the said judgment, the complainant filed an appeal before this Court in Crl. A. No. 417 of 1991 and the said appeal was partly allowed convicting the first accused alone by the judgment, dated 30-1-2002 and remitted back the case to the learned Principal District Judge, Tirunelveli for giving an opportunity to the first accused in regard to the question of sentence. 30.Now, it is noticed that the learned Principal District Judge, Tirunelveli addressed the Registry through a letter dated 16-7-2002 seeking permission to send the records in S.C. No. 245 of 1989 on his file to the Special Court for N.D.P.S. Act, Madurai, since he has no jurisdiction to try the N.D.P.S. cases. Under those circumstances, the Registry has placed papers before me as per the order of My L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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