Padmanabhan Nair, J.

Factual Matrix

The accused in Sessions Case No.35 of 1998 on the file of the I Additional Sessions Judge, Kollam is the appellant. The appellant was found guilty of an offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act” for short”), convicted and sentenced to undergo rigorous imprisonment for a term of two and a half years and also to pay a fine of Rs.15,000/- and in default of payment of fine to undergo simple imprisonment for a term of six months.

2. At about 2.45 p.m. on 22.4.1997 the Sub inspector of Police, Parippally and police party, which included P.W.3, a woman Police Constable, were proceeding to arrest one Vilasini against whom a Non Bailable Warrant was issued by the Judicial First Class Magistrate, Paravoor in S.T.No. 1431 of 1996. When the police party reached near a bunk shop situated on the eastern side of N.H.47 on the puramboke land south of Paripally junction, they saw the appellant standing near the shop. On seeing the police party, the accused became perplexed and fidgety. P.W.5 became suspicious and questioned the appellant in the presence of P.W.3 as to what exactly wa