Johannesburg - The High Court in Johannesburg erred in finding Czech national Radovan Krejcir guilty of attempted drug dealing, his lawyer said on Monday.James Grant told Judge Colin Lamont that for him to be found guilty of drug dealing, the court would need confirmation of what the drug in question was.In Krejcir's trial, witnesses said the drug was tik. Krejcir, however, denied any knowledge of the drug. It could not be established what drug it was because it was never found.Krejcir and his five accused are seeking leave to appeal their conviction and sentencing.In August last year, Lamont found them guilty of kidnapping Bheki Lukhele, whose brother Doctor had reportedly disappeared with 25kg of Krejcir’s tik. Doctor worked for a cargo company at OR Tambo International Airport and Krejcir wanted his help to smuggle the drugs to Australia.Lukhele testified during their trial that he was kidnapped from his Katlehong home and was tortured for days on end. He said Krejcir poured boiling water over his head.Johan Spangenberg, representing three of Krejcir's accomplices, submitted that they never wanted to kill him."They needed him. The pouring of boiling water over his head was to extract information from him," Spangenberg told the court.Spangenberg told Lamont that, had Lukhele died, it would not have been murder."If he had died, at least it would have been culpable homicide," he said. The State had not produced expert evidence that Lukhele could have died.Krejcir and his co-accused - Desai Luphondo, Siboniso Miya and former police officers Samuel Maropeng, Jan Mofokeng and George Nthoroane - were sentenced in February.Krejcir was jailed for 35 years for kidnapping and attempted murder and 25 years for attempted drug dealing, to run concurrently.Sandton businessman Desai Luphondo was handed 25 years for dealing in drugs and 15 years each for kidnapping and attempted murder. He would serve a total of 35 years.Siboniso Miya was sentenced to 15 years each for attempted murder‚ kidnapping, and attempted drug dealing. He would serve an affective 15 years.Former East Rand organised crime unit member, Warrant Officer Samuel Modise Maropeng, received 15 years each for attempted murder and kidnapping and would serve 15 years.His two former colleagues, Warrant Officers Jeff Nthoroane and Jan Mofokeng‚ were sentenced to 15 years each for kidnapping. Nthoroane got an additional year for assault.