ORDER :

Leave granted.

2. This appeal by special leave by the State is directed against the judgment of acquittal dated 23.5.2023 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No. 87/2021, which in turn was directed against the judgment of conviction passed against the respondent herein upon finding him guilty for the offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, “the NDPS Act”.

3. Heard learned counsel for the appellant and also learned Amicus Curiae appearing for the respondent.

4. Admittedly, the quantity of contraband involved in the case is intermediary and that is why, the respondent was charged under Section 20(b)(ii)(B) of the NDPS Act. The case was detected on 10.1.2019 during the course of patrol duty by the Excise Inspector and his party. It is indisputable that contraband viz. 2.050 kgs. of Ganja was found concealed in a bag in his possession and recovered from the bag. Suffice it to say that the Trial Court, after appreciating the evidence, consisting of the oral testimonies of PW1 to PW4, documentary evidence marked as Exts. P1 to P5 besides the identified material objects viz., MO1 to MO5,