JUDGMENT

The Special Court for the trial of NDPS Act cases, Vatakara, tried two accused persons on a charge for commission of an offence under Section 20 (b)II(B) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short “NDPS Act”). The 1st accused Vijayan @ Dasan was convicted and sentenced for the offence under (b)II(B) and the 2nd accused Sasidharan was convicted for the offence under (b)II(A) of the NDPS Act. The 1st accused filed Crl.A.No.2985 of 2008 and the 2nd accused filed Crl.Appeal No.2987 of 2008 under Section 374 (2) of the Code of Criminal Procedure, 1973 . (Both accused are arraigned as appellants. Since the 1st accused already had filed Crl.Appeal No.2985 of 2008, Crl.Appeal No.2987 of

2008is treated as one filed by the 2nd accused alone.)

2. Since both the appeals arose from the same judgment, these appeals are heard and disposed of by this common judgment.

3. The appeals were admitted to file and the sentence imposed on the appellants were suspended.

4. Heard the learned counsel appearing for the appellants in the respective appeals and the learned Public Prosecutor.

5. The appellants are referred to as accused 1 and 2 for convenience. The allegation b