Judgment

Nanavati, J.-This appeal is directed against the judgment of the High Court of Madras in Criminal Appeal No. 544 of 1989. The High Court confirmed the conviction of the appellant under Section 8(c) read with Section 21 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 and dismissed the appeal.

2. A complaint was filed by the respondent against the appellant alleging that the appellant was found in possession of 150 gms of heroin without a valid permit on 13.4.1988 at about 6 P.M. while he was passing on a road in the city of Madras and thus he had committed the aforesaid offence.

3. In order to prove its case the prosecution led the evidence of Gladys Lilly (P.W. 1), who was then working as an Intelligence Officer in the Narcotics Intelligence Bureau, at Madras and who had searched and arrested the appellant. It also examined N. Muthu (P.W. 4) who was taken as an independent witness to witness the search and arrest and in whose presence the search and arrest were made; but, he did not support the prosecution. Evidence was also led to prove that what was found from the appellant’s possession was di-acetyl Morphine, which is popularly known as ‘heroin’. The trial Co