JUDGMENT :

In this appeal filed under Section 374(2) Cr.P.C, the appellant, the accused in S.C.No.1/2007 on the file of the Special Court (NDPS Cases), Vadakara, challenges the conviction and sentence passed against him for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act).

2. The prosecution case is that on 05/03/2006 at 04.30 p.m, the accused without any authority was found in position of 1.10 kgs of ganja near the comfort station of the new bus stand, Thalassery. Hence, the accused is alleged to have committed the offence punishable under Section 20(b)(ii)(B) of the Act.

3. PW1, the then Sub Inspector, Thalassery Police Station is the detecting officer who registered the crime, that is, Crime No.84/2006, Thalassery Police Station and lodged Ext.P6 FIR. PW6, the then Circle Inspector, Thalassery, conducted the investigation and submitted the final report alleging commission of the aforesaid offence.

4. On appearance of the accused before the court below, he was furnished with copies of all the prosecution records. On 03/05/2007, the court below framed a charge under Section 20(b)(ii)(B) of the Act, which was read o