JUDGMENT

Misra, J.—This appeal is directed against the judgment and order of the High Court of Kerala in criminal appeal setting aside an order of acquittal passed by the Trial Court convicting the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘Act’) and sentencing him to undergo rigorous imprisonment for 10 years and a fine of rupees one lakh, in default to undergo simple imprisonment for one year. In order to appreciate the controversy, we are herewith giving the essential matrix of facts.

2. The appellant was put on trial for an offence punishable under Section 21 of the Act. As per prosecution story, on the 10th October, 1993 at 7.45 p.m. the appellant was in possession of manufactured drug by name ‘Tidigesic’ and three syringes for injecting the same, by the road near the Blue Tronics Junction at Palluruthy. The Head Constable PW 3 and two other Constables of the Special Squad got information at about 7 p.m. on the said date that a person was selling injectible narcotic drugs near the Blue Tronics Junction, Palluruthy. They informed this to PW 5, Sub Inspector of police, Palluruthy Cusba Police Station w