The appellants are accused Nos. 1 and 3 in S.C. No. 1544 of 2003 on the file of the First Additional Sessions Judge, Kollam and they are challenging the conviction and sentence imposed on them for the offence under Section 20 (b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short).

2. The prosecution case is that on 28.03.2002, at about 3.20 p.m., accused Nos. 2 to 5 were found in possession of ganja weighing 200 gms. each while they were inside autorickshaw bearing registration No. KL-2D 7758 parked in the residential property of the first accused at Mundakkal Village and the first accused was found in possession of 400 gms. of ganja in a plastic cover in a room in his house by the Sub Inspector of Kollam East Police Station and party and the accused are thereby alleged to have committed the offence under Section 20 (b)(ii) (B) of the NDPS Act.

3. On appearance of accused Nos 1 and 3 before the trial court, and when they pleaded not guilty to the charge, PWs 1 to 8 were examined and Exhibits P1 to P12 and MOs 1 to 21 were marked from the side of the prosecution. From the side of defence, DW1 examined and Exhibit D1 marked.

4. After hea