JUDGMENT :

In this appeal filed under Section 374(2) Cr.P.C ., the appellant, who is the first accused in S.C.No.19/2005 on the file of the Court of the Special Judge (NDPS Act Cases), Vadakara, challenges the conviction entered and sentence passed against him for the offence punishable under Section 18(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act).

2. The prosecution case is that accused 3 to 5 (A3 to A5) entered into a conspiracy to transport opium from Rajasthan to Ponnani in Kerala. As part of the conspiracy, the fourth accused (A4) loaded 10 bags of opium and concealed it in a secret chamber of his lorry bearing registration no.RJ-06 G-2199. A3 and A5 told A4 that they would wait at Ponnani to receive the contraband. Accordingly, A4 instructed accused 1 and 2 (A1 and A2) to take the lorry from Rajasthan to Ponnani in Kerala. Pursuant to the same A1 and A2 knowing that 10 bags of opium had been concealed in the secret chamber of the lorry, transported the same to Ponnani to be handed over to A3 and A5.

3. Crime no.1/2005, Excise Range Office, Sulthan Bathery, that is, Ext.P7 crime and occurrence report was initially registered by PW2, Excise Inspector, E