ORDER

Appellant, a German national, stands convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act ). He was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/-. He preferred an appeal before the High Court against the conviction and sentence, but a learned Single Judge of the High Court confirmed the conviction and sentence and dismissed the appeal filed by him. Hence he has come up with this appeal by special leave.

2. The case against the appellant, in short, is that he was intercepted on 28.4.1996 by PW-1, Inspector of Customs, on suspicion and a search was conducted by PW-2, Superintendent of Customs Department. During which time 1600 grams of "Charas" had been detected and recovered from his possession, i.e. from the tool box fixed beneath the motor cycle on which he was riding.

3. Three witnesses were examined for prosecution and they were cross-examined by the Counsel engaged by the appellant (Mr. Kailash Sammuel). After the stage of cross-examination of those three witnesses was over, unfortunately the said Mr. Kailash Sammuel passed away. Appellant then engaged Mr. S.S