JUDGMENT

Appellant is convicted and sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs.1,00,000/- and in default, to undergo rigorous imprisonment for two years under Section 21 of the Narcotic Drugs and Psychotropic Substance Act (`NDPS Act', for short). Set off was also allowed. The said conviction and sentences are challenged in this appeal.

2. According to prosecution, on 29.7.1996 at about 4.45 p.m. the accused was found in possession of 1.900 grams plus 1.250 grams of brown sugar in two packets near the foot path leading to beach side, Varakkal road junction. The appellant was in possession of the drug in violation of the provisions of the NDPS Act and hence he was charge sheeted for offence under Section 21 of the NDPS Act. The crime was detected by PW1, Sub Inspector of Police, who on getting information, proceeded to the spot, along with PW5, Assistant Sub Inspector of Police and others. The arrest and seizure were made in the presence of PW6 and another independent witness.

3. Prosecution examined PWs 1 to 7 and marked Exhibits P1 to P10 and MOs 1 to 4(a) on its side. The accused examined DWs 1 to 4 as defence witnesses and marked Exhibits X