JUDGMENT

K. JAYACHANDRA REDDY, J.:— The appellant, a German National, has been convicted by the trial Court under S. 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act for short) and sentenced to undergo 10 years R.I. and to pay a fine of Rs. 1 lac, in default of payment of which to further undergo six months R.I. The appeal filed by the appellant was dismissed by the High Court. Hence the present appeal.

2. In brief the prosecution case is that on 29-9-89 the Police Sub-Inspector Gaonkar, P.W. 3 along with a police party was patrolling at Calangute Beach near Panjim and they came across the accused who was sitting on a wooden log. On suspicion they went near him and noticed a chillum (smoking pipe) in front of him lying on the log. He secured the presence of panch witnesses and searched the accused and recovered a polythene pouch from his pyjma pocket in which there were tobacco, one cigarette paper packet and two cylindrical pieces of "Charas". The two pieces of Charas were weighed and found to be 7 gms. and 5 gms. respectively. They were seized under a panchnama and were separately sealed in two different envelopes. One of the pieces weighing less than 5 gm