ORDER

1. The appellant in this case was convicted by the Court of the Sessions Judge, Thodupuzha for offences punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs 25,000 and in default to undergo further imprisonment for a period of one year. The High Court of Kerala at Ernakulam has confirmed the said conviction and sentence and the appellant is now before us in this appeal.

2. Though many questions of law and facts have been argued in this case on behalf of the appellant, we think it is sufficient to consider one question which according to us goes to the very root of the prosecution case as also the conviction and sentence imposed by the two courts below. According to the prosecution the contraband of 5 kilograms of dried ganja was seized from the room belonging to the appellant on 14-9-1990. There is no evidence whatsoever to show that at the time of seizure, all this alleged contraband by PW 2 Sub-Inspector of Police was sealed. It is the prosecution case itself that the said contraband was handed over to PW 5 Circle Inspector of Police on a 17 -9-