The appellants are the accused in S.C No.2 of 2018 on the file of the Special Court for NDPS Act Cases, Thodupuzha.

They have been convicted under Sections 20(b)(ii)C and 29 of the NDPS Act .

2.The prosecution case is that on 19.4.2016, the accused were found in possession of 10 kg and 670 grams of Hashish oil in a vehicle bearing Registration No.KL 37 4509 in front of Choorakulam Coffee Estate on the Kottayam – Theni National Highway.

3.The Investigating Officer submitted the final report. The accused appeared in response to the summons. They pleaded not guilty to the charges, and therefore, they came to be tried by the Trial Court. The prosecution examined PWs1 to 10 and proved Exts.P1 to P34 and Mos 1 to 17. The Trial CRL.A Nos. 1100 & 1138 of 2019 4 Court found the accused guilty of the offence alleged and passed the impugned judgment of conviction and sentence.

4.I have heard the learned counsel appearing for the appellants and the learned Public Prosecutor.

5.The learned counsel for the appellants challenged the judgment of conviction and sentence on the following grounds:-

(a) The samples drawn in the presence of the learned Magistrate, being the primary evidence, were