O R D E R

Under challenge in this Criminal Revision Petition is the conviction and sentence rendered against the revision petitioner under Section 20(b)(ii) A of the NDPS Act .

2. The revision petitioner is the accused in C.C. No.1749 of 2010 on the files of the Judicial First Class Magistrate Court-III, Punalur. He stood trial before that court for committing an offence punishable under Section 20(b)(ii) A of the NDPS Act .

3. The prosecution case is that on 09.08.2009, at about

5.30 p.m., while PW1, the Excise Inspector, Pathanapuram and his party were patrolling through the Punalur - Kottarakkara Public Road, and when they reached near Yuvajana Samajam Public Library and Reading Room, Elampal, they found the accused carrying a plastic bag, in a suspicious circumstance. On seeing the Excise party, the appellant tried to remove himself and PW1 intercepted him. Thereafter, PW1 inspected the bag which was carried by the accused and found it containing 140 grams of ganja, kept in 66 small packets.

4. The trial court, on an appreciation of the evidence on record, and hearing both sides, found the accused guilty of committing an offence punishable under Section 20(b)(ii) A of the NDPS Act