1. Though the miscellaneous petition alone is listed for hearing, the learned counsel submitted that the appeal itself may be heard and disposed off. Accordingly, the appeal was heard and the same is disposed of.

2. The petitioner is the first accused in C.C.No.185 of 2005 on the file of the Special Court under the Essential commodities Act, Salem. There was yet another accused by name Chokkan @ Chokkanathan. The appellant stands convicted for offences under Sections 8( c ) read with 20(b)(ii)(c) and 25 of N.D.P.S Act and sentenced to undergo R.I for ten years and to pay a fine of Rs.1,00,000/-, in default to undergo further R.I for two years. The second accused Chokkan @ Chokkanathan has been acquitted. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

3. The case of the prosecution in brief is as follows:

i) P.W.1 was the Inspector of police, Prohibition Enforcement Wing, Dharmapuri during the year 2004. P.W.2 was the then Sub Inspector of Police of the said Wing. One M.Devendran (Head Constable No.1622), Police Constable Vivekanandan (P.C.No.1724) and another Constable Selvaraj (P.C.No.271) were also attached to the sa