JUDGMENT

A.S.ANAND, CJI.

     (1) THIS appeal by special leave is directed against an order and judgement of the High Court of Madhya Pradesh, Indore bench dated 26-09-1997 upholding the conviction and sentence of the appellant for an offence under sections 8/18 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the "NDPS Act).

(2) ACCORDING to the prosecution case on 08-08-1988, at about 4:30 p.m., the appellant was travelling in a bus which was checked by narcotics sub-inspector, Dudhnath Ram PW-1 near Hasanpaliya village at Neemuch-Dhar road. PW-1 found that there was an attache case lying on the rack and three persons were sitting on the backside seat of the bus. On inquiry as to whom, did that attache case belong to, the appellant is stated to have admitted that it belonged to him. The attache case also carried a name slip with the name of the appellant on it. The attache case was taken into possession by PW-1 and the appellant was made to alight from the bus. He was asked about the key of the attache case, which he took out from his pocket. Two panch witnesses Shankar Lal, PW-2 and Chhoga Lal, PW-3 were present. It is alleged that wh