JUDGMENT :

The sole accused in S.C.No.29/2005 on the file of the IV Additional Sessions Judge, Ernakulam, who is aggrieved by conviction and sentence imposed against him in the above case, as per judgment dated 12.12.2007, has preferred this appeal under Section 374(2) of Cr.P.C. The offence alleged is one punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act').

2. The appellant herein is the accused before the trial court and the respondent herein is the State of Kerala represented by the learned Public Prosecutor.

3. Heard the learned counsel for the appellant as well as the learned Public Prosecutor.

4. Shorn off unnecessary details, the prosecution case is as follows:

It is alleged by the prosecution that the accused was found in possession of 5kg of Ganja wrapped up and concealed in a big shopper held by him, without any authorisation, against the sanctions in the NDPS Act. On search, the said contraband was recovered; he was arrested and crime was registered alleging commission of offence under Section 20(b)(ii)B of the NDPS Act.

5. The learned Additional Sessions Judge tried the matter, after compl