J U D G M E N T

In this appeal filed under Section 374(2) Cr.P.C, the appellant who is the accused in S.C.(NDPS)No.1/2007 on the file of the Special Judge for NDPS Act Cases, Thodupuzha, challenges the conviction entered 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 09/04/2006 at 06:15 a.m., PW1, the then Sub Inspector of Police, Adimali Police Station, received confidential information that the accused is in possession of ganja, which he has stored in his residential house at Lakshamveedu Colony, Adimali. PW1 made necessary entries in the G.D., the relevant extract of which is Ext.P1. He then immediately sent Ext.P2 report under Section 42 of the Act to PW8, the then Circle Inspector, Adimali and obtained his permission to initiate necessary steps in the matter. He prepared Ext.P3 search memo, forwarded the same to the court through a Police Constable and then proceeded to the house of the accused and conducted search in the presence of independent witnesses. On search, he found ganja packed in a plastic cover meant for sale stored in