JUDGMENT :

The above appeal is filed by the accused in SC.No.105/2004 on the file of Special Judge(NDPS) cases Vadakara.

2. The accused was charge sheeted by the Kannur City Police alleging offence punishable under Sections 20(b)(ii)(A) and 18(c) of the Narcotic Drugs and Psychotropic Substances Act. (herein after referred as NDPS Act for short)

3. The prosecution case is that on 19.9.2003 at about 12.40 p.m, the Sub Inspector of Police, Kannur City searched House No.22/45 in Ward No.22 of Kannur Municipality belonging Ayishu, who is the mother of the accused. It is the further case of the prosecution that the accused was found in possession of 395 grams of opium, and 18 grams of ganja meant for sale, as concealed in the drawer of a table kept in a bedroom of the said house. The accused was arrested by the Sub Inspector of Police, and contraband articles were seized as per a search list. The case was registered by the Sub Inspector against the accused, and the case was later investigated by Circle Inspector of Police, Kannur City. After investigation, the police submitted the final report.

4. After the appearance of the accused, the court framed a charge against the accused under Secti