M.R. Hariharan Nair, J.

These two appeals arise from one and the same judgment passed by the Special Judge for trial of Narcotic Drugs and Psychotropic Substances Act cases, Vadakara in S.C. No. 32/97. The two appellants are accused 1 and 2 respectively in the aforesaid case involving offence under S.21 of the N.D.P.S. Act.

2. The prosecution alleged that at about 5.30 p.m. on 5.7.1996 PW.7 Sub Inspector of Panniyankara Police Station received information that a person dressed in white shirt and dhoti and another person in brown pants and striped shirt and aged about 30-35 years were engaged in the sale of brown sugar near Meenchanda Railway Gate at Kozhikode. After recording the information and sending a report to the Circle Inspector of Police, who is the Official Superior, he proceeded to the spot along with other policemen. On the way, they also took PW-3 and PW-6, two independent witnesses along with them. On reaching the portion near the northern side of the Railway Gate, Meenchanda, the two accused were spotted standing in front of the "Appu's Hotel". On seeing the Police, they tried to slip away; but they were stopped and questioned.

3. It is the prosecution case t