The accused in S.C.No.133 of 1991 before the Sessions Court, Kozhikode is the appellant. Therein he was found guilty of qic offence under S.21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the act), convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to undergo rigorous imprisonment for another period of one year.

2. The prosecution case is that the Sub Inspector of Kozhikode City Detective Crime Record Bureau found the accused near the bus stop of Pottammal possessing 3.500 gins, of brown sugar in a packet kept inside a Wills cigarette packet kept in the girdle knot of his mind. The Sub Inspector had received information at about 7.40 p.m. on 31-10-1990 that brown sugar was being sold near the bus stop. In pursuance to that information, the Sub Inspector went to the spot and saw the accused standing near the bus stop. The article was seized, sample taken, a mahazar prepared and the accused arrested and taken to Medical College Police Station. The contraband article and the accused were entrusted to the Station House Officer as per a report. Crime