JUDGMENT :

The appellant is the accused in S.C.No.5 of 2007 on the file of the Special Court (NDPS Act Cases), Vadakara. He was convicted and sentenced for an offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”). The sentence imposed was rigorous imprisonment for a period of three years and a fine of Rs.10,000/-with a default sentence of six months. The said judgment of conviction and the order of sentence are under challenge in this appeal filed under Section 374(2) of the Code of Civil Procedure, 1973.

2. The allegations against the appellant are that at about 4.35 p.m. on 01.01.2006, he was found in possession of 1.250 kg. of Ganja near the Palayam bus stand at Kozhikode, in violation of the provisions of the NDPS Act. PW1, the Sub Inspector of Police, Kasaba Police Station, on receipt of reliable information, reached the spot and caught the appellant red-handed. On a search, 1.250 kg of Ganja was found in his possession. After necessary formalities of preparation of seizure mahazar, sampling and sealing of both samples and the contraband, PW1 arrested the appellant.

3. During the trial, PWs.1 to 6 were exa