The appellants herein are the three accused in S.C.No.39 of 2008 of the Special Court for the trial of NDPS Act cases, Vatakara.

2. They faced prosecution in the court below on the allegation that at about 5.00 p.m. on 05.07.2007 at the verandha of the second floor of the Co-operative Hospital at South Bazar, Payyannur, and in front of the Room No.329, the three accused were found jointly possessing a quantity of 1.250 kgs of ganja. The offence was detected by the Excise Circle Inspector of Taliparamba Range, on the basis of a secret reliable information received by him from the Excise Intelligence and Investigation Bureau, that ganja was being sold at the premises of the Co-operative Hospital. He recorded the information in the general diary kept at the Excise office, sent a report to the Superior officer under Section 42 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and proceeded to the premises of the hospital with party. On the second floor of the hospital he saw the three accused in this case standing at the verandha in front of the Room No.329. He saw the first accused trying to conceal a packet on seeing the excise party, and the other two accused we