JUDGMENT: The appellant is the first accused in S.C.No.3 of 1998 tried by the Special Judge for trial of the N.D.P.S. Act cases, Vadakara. He challenges the conviction entered against him for the offence under Sec.21 of the N.D.P.S. Act and sentence of rigorous imprisonment for 10 years and fine of Rs.1,00,000 (in default simple imprisonment for six months) imposed therefor.

2. The prosecution alleged that at about 3.30 p.m. on 17.3.1997 the appellant and the second accused involved in the aforesaid case, who was acquitted by the trial Court, were found entering a latrine situated on the western side of the old State Bank building at Koduvally. They closed the door behind them. Feeling suspicious of their movements, some persons of the locality peeped in through the door and found that the accused were engaged in treating something in a steel vessel and also drawing out something out of it through a syringe. Some articles like cigar lighter, lead papers, plastic bottles and scissor were also found around the accused besides a candle, which was burning. The two accused were nabbed by the people and taken to the office of the Circle Inspector of Police. On being convinced that the acc

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