Judgment

D.P. Mohapatra, J.-This appeal filed by the accused in Sessions case No. 100/90 of the Court of Sessions Kozhikode Division, is directed against the Judgment and order of conviction and sen­tence u/s 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’), and sentence of 10 years R.I. and a fine of Rs. 1 lakh, which was confirmed in appeal by the High Court of Kerala with slight modification regarding the default sentence which was reduced from 2 years to 1 year R.I.

2. The charge against the appellant was that on 18.7.1990 at 6.05 P.M. he was found in possession of 1750 milligram of brown sugar at AKG Memorial over-bridge at Francis Road in Nagaram, in viola­tion of the provisions of the NDPS Act and thereby committed an offence punishable u/s 21 of the NDPS Act.

3. The case of the prosecution, shortly stated is that the sub-inspector of police, Chemmangad Police Station, having received information that the accused was selling brown sugar went along with two constables PW 2 and CW 2 to the scene of occurrence. On searching the accused nine small poly-thene bags containing brown sugar were found in his possession. The articles were seized.