Alexander Thomas, J.

1. This appeal has been instituted by the accused under Sec. 374 of the Cr.P.C to impugn the judgment dated 24.8.2012 in S.C.No.50/2012 on the file of the Additional Sessions Court (Ad- Hoc)-I, Ernakulam whereby the accused has been convicted and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.50,000/-, in default to undergo rigorous imprisonment for a further term of two years for the offence under Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1995 (hereinafter referred to as 'the NDPS Act'). The case arose out of Crime No.8/2011 of Ernakulam Excise and Anti Narcotic Special Squad (EE&ANSS), Ernakulam. After investigation, in the crime, the investigating officer concerned filed the requisite final report/charge sheet for the aforementioned offence under Sec. 20(b)(ii)(B) of the NDPS Act.

2. The brief of the prosecution case is that the appellant/accused was found in front of the house of one Sri.Ambadan Sulaiman on the side of the road leading to Perumbavoor Rayons, near Kochangadi Junction in Chelamattom Village of Kunnathunad Taluk on 12.7.2011 at about 8:30 pm. It is alleged that the accused