JUDGMENT

This is a jail appeal. When came up for hearing, the learned Counsel appearing for the appellant, as State Brief, submitted before this Court that here is a case where the appellant is behind the bars for about three years. It is submitted that no legal and reliable evidence adduced by the prosecution to prove the case.

2. The facts necessary for consideration of this appeal is as follows:

The accused, on 16.08.2010, at about 7.45 PM on Pallichal road in Thoppumpady in Rameswaram Village, Ernakulam was found in possession of eight ampules of Buprenorphine IP lupigessic, each containing 2 ml and thereby committed the offence under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act for short”).

The prosecution altogether examined five witnesses and Exts.P1 to P21 marked. MO1 to MO3 identified. After appreciating the evidence, the court below convicted the accused and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- (Rupees One Lakh Only), in default to rigorous imprisonment for a further period of one year.

3. The arguments placed before this Court by the learned Counsel Kumari Adv. Pinku.H Thaliath i