JUDGMENT :

This appeal has been filed by the third accused in S.C.No.23 of 2005 on the file of the Special Judge (NDPS Act Cases), Vadakara, challenging the conviction and sentence imposed on him by that court for an offence under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

2. The gist of the prosecution case is that at about 05.00 pm on 30.08.2004, the appellant/3rd accused together with accused 1 and 2 were found in possession (jointly) of a total quantity of 200gms of brown sugar meant for sale. Out of the total quantity, 80 grams were seized from the possession of the appellant/3rd accused, 50 grams were seized from the possession of the 1st accused (now deceased) and 70 grams were from the possession of the 2nd accused. All the three accused were arrested on the spot by the Circle Inspector. Following the investigation, a final report was filed before the Court. A charge was framed alleging the commission of offence under Section 21(b) of the NDPS Act against the third accused as the first accused was no longer alive by that time and the second accused was absconding. The charge under Section 21(b) was for