JUDGMENT :

The appellants are the first and the second accused in the case S.C.No.160/2018 on the file of the Court of the Special Judge (NDPS Act Cases), Vatakara.

2. The appellants stand convicted and sentenced for committing an offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

3. The prosecution case, in brief, is as follows: On 19.06.2018, at 13.25 hours, K.M.Biju (PW1), Inspector of Police, Nilambur got reliable information that two persons were carrying ganja in the car KL-21G-2673. PW1 reduced the information received by him into writing and sent it to his superior officer and proceeded to the spot with police party. He reached the spot by 13.50 hours and found the car parked at the side of Nilambur-Kulakandam road. He saw the first accused sitting in the driver's seat and the second accused sitting in the rear seat of the car. There was a bag on the side of each of the accused. PW1 served notice on the accused and made them aware of their right to be searched in the presence of a gazetted officer or a Magistrate. The accused wanted the presence of another officer for conducting the