JUDGMENT :

N. NAGARESH, J.

The appellant is the sole accused, who is convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lakh for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and in default of fine, a rigorous imprisonment for a period of three months.

2. Crime No.1480/2006 was initially registered by Ernakulam Central Police against the appellant. The case of the prosecution was that on 09.11.2006 at 3.20 pm, PW2 while doing patrolling duty, got information that a person wearing black pants and rose shirt having narcotic drugs in a bag, is standing at Forshore Road, Ernakulam. The police went to the Foreshore Road and in front of the CIFNET office, the appellant was found carrying a small handbag. PW2 introduced his identity to the appellant and issued a notice stating that he is going to conduct body search of the appellant and asking whether the appellant needs it to be done in the presence of a Gazetted Officer or a Magistrate.

3. The appellant issued a letter in writing in English stating that PW2 himself may conduct the body search. On conducting body search, five ampules of Phe