J U D G M E N T

This appeal is at the instance of the sole accused in S.C.No. 149 of 2008 on the file of Sessions Judge, Ernakulam, challenging his conviction and sentence under Section 20 (b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act), as per judgment dated 24.11.2008.

2. The prosecution allegation is that, on 10.11.2007 at 03.35 p.m., the accused was found in possession of 1.535 kg of dry ganja, in contravention of the provisions of the NDPS Act. PW1, the Sub-Inspector of Police, Central police station Ernakulam, as directed by Assistant Commissioner of Police, reached the place of occurrence near Udaya Colony at Karshaka road, Kadavanthra, and seized the contraband from the accused which was kept in a bag. Samples were drawn from the contraband, mahazar was prepared for the seizure, and the accused was arrested. Crime No. 491 of 2007 of Kadavanthra police station was registered, and on completing investigation, charge was laid against him under Section 20 (b)(ii)(B) of the NDPS Act.

3. On appearance of the accused before the trial court, charge was framed under Section 20 (b)(ii)(B) of the NDPS Act, to which he pleaded not guilty, a