JUDGMENT

The appellant was put up for trial before the Narcotic Drugs and Psychotropic Substances Court, Mapusa in Special Criminal Case No. 2/1995 charged of the offence punishable under Section 20(b)(ii) of the N.D.P.S. Act, 1985. The trial court by its judgment and order dated 22nd March, 1996 found him guilty of the charge and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. One lakh, in default to undergo further imprisonment for a period of two years. The High Court in appeal upheld the conviction but modified the sentence in as much as it upheld the substantive sentence of ten years rigorous imprisonment as also the fine of Rs. one lakh, but reduced the sentence in default from two years to one years. The judgments of the courts below are challenged before us in this appeal by special leave.

2. The facts of the case are that on 14th December, 1994 one P.C. Kulbi was apprehended by the police and was found to be in possession of Charas. He was interrogated. In the course of interrogation, he disclosed the involvement of the appellant, who as stated by P.C. Kulbi, had Charas hidden in his shoes. He volunteered to identify the appe