JUDGMENT :

This is an appeal filed under Section 374(2) of the Code of Criminal Procedure challenging conviction and sentence imposed on the accused in S.C(NDPS).No.7 of 2005 on the file of the Special N.D.P.S Court, Thodupuzha dated 05.08.2006. Appellant is the sole accused in the above case, where State of Kerala represented by the Public Prosecutor is the respondent.

2. Heard the learned counsel for the appellant and the learned Public Prosecutor.

3. Prosecution case in nut shell is as under:

In this matter, the Sub Inspector of Police received information as to possession of ganja at the residential place of the accused and accordingly he had searched the residence of the accused in the presence of the accused on 30.07.2005 at 6.20 a.m and 31.5 kg of ganja was recovered. Accordingly, the accused was nabbed and crime No.118/2005 alleging commission of offence under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `NDPS Act' for short) was registered. On investigation, charge laid against the accused.

4. On appearance of the accused before the special court, after completing pre-trial formalities, charge alleging commission o