This is an appeal filed by the 1st accused in Sessions Case No. 110 of 1989 on on the file of the 1st Addl. Asst. Sessions Judge, Kozhikode. The appellant-1st accused was fond guilty of Offence punishable under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lakh and in default of payment of fine he was directed to undergo R.I. for a further period of 2 years.

2. The prosecution case is that on 24-10-1987 at about 5.45 p.m. PW 1, the Circle Inspector of Police, Kozhikode Town Police Station was proceeding in a jeep in the company of two police constables. When the jeep reached near the post office at the South Beach Road, PW 1 saw two parsons talking to each other. One of them was carrying a plastic bag. As the jeep went near them the person who was carrying the plastic bag entrusted the same to the other person and tried to run away, PW 1 stopped the vehicle immediately and alighted from the jeep and pursued the person who was running away. According to prosecution, he was the 2nd accused. The person who received the bag from the 2nd accused is