JUDGMENT :

R. NARAYANA PISHARADI, J.

1. The appellant is the accused in the case S.C. No. 92/2012 on the file of the Court of the Special Judge (NDPS Act Cases), Vatakara.

2. The appellant stands convicted and sentenced for committing the offences punishable under Sections 22(b) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act’).

3. The prosecution case is that, on 15.11.2011, at about 12.45 hours, inside the compound of the Government Hospital at Sulthan Bathery, the Sub Inspector (PW-3) of Sulthan Bathery police station found the appellant/accused in possession of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles. PW-3 seized the contraband substances as per Ext.P1 mahazar.

4. The case against the accused was registered as Crime No. 872/2011 of Sulthan Bathery police station. The initial investigation of the case was conducted by PW-6 Circle Inspector. After completing the investigation of the case, PW-7 Circle Inspector filed final report against the accused for the offence punishable under Section 22(b) of the Act.

5. The trial court framed charge against the accused for th