JUDGMENT :

This is an appeal preferred under Section 374(2) of the Code of Criminal Procedure, hereinafter referred to as the Code, challenging the legality and correctness of the judgment of the learned Special Judge (NDPS Act Cases), Vatakara in S.C.No.49 of 2011. That case was taken on file on the final report laid by the Circle Inspector of Police, Nilambur Police Station in Crime No.28/11, alleging offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as the Act. The prosecution case in brief is that on 17/01/2011 at about 2:45 p.m. the accused was found at Athikkapp on the western side of Karulayi bridge across the Karimpuzha river on the Karulayi-Palankara road, 39 metres north-west from the house of one Mannureth Mathew, bearing door No.K.P.III/155 carrying 1.500 kgs of ganja, a narcotic drug; he was intercepted by the Sub Inspector and party in the presence of independent witnesses; the contraband was taken from his possession, which was seized by following the statutory formalities and thus Crime No.28/11 of that police station was registered. After investigation, the Circle Inspector, Nilambur la