JUDGMENT :

1. In this appeal filed under Section 374 (2) Cr.P.C., the appellants who are accused no.1 and 2 in S.C.No.72/2011 on the file of the Court of the Special Judge (NDPS Act Cases), Vatakara, challenge the conviction entered and sentence passed against them for the offence punishable under Section 22(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act).

2. The prosecution case is that on 14/12/2010 while PW3, Circle Inspector of Police, Kannur Town was in his office, he received reliable information that persons travelling in a Honda Activa scooter bearing registration no.KL 13 T 6266 from Kakkad side to Kannur would be carrying/possessing narcotic drugs/psychotropic substances. Hence, he along with party proceeded to the place and apprehended the accused persons. The first accused was riding the scooter and the second accused was the pillion rider. They were intercepted at Kannur - Kakkad road after Palakkad Swamimadam road junction. On inspecting the bags in their possession, the first accused was found in possession of 2.090 kgs and the second accused, 1.040 kgs of ganja. As per the final report/charge sheet, the accused were alleged to have co