Judgment

Nanavati, J.-The appellant was tried by the Court of Additional Sessions/Special Judge for Greater Bombay in N.D.P.S. Case No. 1232 of 1988, for committing the offences punishble under Sections 21, 23, 29 and 30 read with Section 8(c) of N.D.P.S. Act and Section 135 of the Customs Act. The learned Special Judge believed the prosecution evi­dence and held that the accused did possess 3.8 Kgs. of heroin in contravention of the provisions of N.D.P.S. Act and was thus guilty for the offence punishable under Section 21 read with Section 8(c) of the Act. The other charges of conspiracy and abetement were held not proved and, therefore, the learned Judge acquitted him of those of­fences. The charges under Section 30 of N.D.P.S. Act and Section 135 of the Customs Act were also held not proved. Feeling aggreived by the order of conviction and sentence imposed upon him, the appellant has filed this appeal.

2. The trial Court after appreciating the evidence of S.M. Sawant (P.W. 1) whoc was then working as an Intelligence Officer in the office of Directorate of Revenue at Bombay and that of Krishna Kumar (P.W. 2) who was then working as Assistant Director of D.R.I. at held that their ev