A. Lekshmikutty, J.

1. Against the judgment in SC No. 32 of 1997 on the file of the Court of the First Additional Sessions Judge, Kozhikode, the appellant/accused filed this appeal. The appellant was charged under S.21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act"). He was found guilty and convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lakh, in default of payment of fine to undergo rigorous imprisonment for one year more.

2. The prosecution case is that on 12.9.1996 at about 4.45 P.M., PW 1, the then Additional Sub Inspector of Police, Nadakkavu Police Station got reliable information that a lady wearing white doted sari and red blouse carrying brown sugar and proceeding from West Hill side to Beach road side. He informed the Woman Police Station to send a Woman Constable. The information which he received was informed to the Circle Inspector of Police and then obtained the written authorization from him. Thereafter, he proceeded to the scene with police party. When they reached West Hill near Hydrogenation factory junction, PW 1 saw the accused going through the southern side of the r