J U D G M E N T

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This is an appeal preferred against the conviction and sentence passed by the NDPS Court, Thodupuzha, in S.C.6/07. The accused were charge sheeted by the police u/s.20 (b)(1)(B) of the NDPS Act, out of which A2 and A3 were absconding during trial and A1 and A4 faced the trial. A1 was found guilty and sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs.15,000/-, on default of which to undergo rigorous imprisonment of 6 months. A4 was sentenced to undergo 3 years imprisonment with a fine of Rs.5,000/-. Aggrieved with that decision, the first accused has come up in appeal from jail and as there was no lawyer to argue his case, State Brief has been provided, whereby Adv.Sri. Arun Valenchery has been appointed as State Brief.

The points that arise for determination are, 1. Whether there are sufficient grounds to hold the appellant guilty under the provisions of NDPS Act, as found by the court below ?

2. In case of guilt, whether the sentence awarded is excessive ?

2. Points 1 and 2 :- It is the definite case of the prosecution that on 23.6.06, PW1 along with his fellow officers, proceeded to investigate the Crime No.186/06 an