JUDGMENT

Markandey Katju, J.—This appeal has been filed against the impugned judgment of the Kerala High Court dated 5.4.2004 in Criminal Appeal No. 217 of 2002.

2. Heard learned counsel for the parties and perused the record.

3. The appellant was accused No. 2 in the criminal case under the NDPS Act with which we are concerned.

4. The prosecution case briefly stated is that on 1.10.2000 at 3.45 P.M., PW7, Radhesh, Intelligence Officer, received information that one person was standing in the parking area between Gandhi Park and Pattomthanu Pillai Park at East Fort, Thiruvananthapuram waiting for somebody to dispose of about one kilogram of heroin which was in his possession. PW7 recorded the information and submitted Ext. P10 report to PW5, the Superintendent, Narcotic Control Bureau Regional Intelligence Unit, Thiruvananthapuram. PW7 alongwith the informant proceeded to the place where the 1st accused was waiting and the 1st accused was shown to PW7 by the informant. PW5 alongwith PW4 and PW6 reached near Pattomthanu Pillai Park about 4.30 P.M. and PW7 pointed out the 1st accused to them. PWs 4, 5 and 6 alongwith the witnesses approached the accused who was holding M.O. 2 (a) bag.