JUDGMENT :

S. Ratnavel Pandian, J. - Special leave granted.

2. The appellant who is a French national has preferred this appeal under Article 136 of the Constitution of India canvassing the correctness of his conviction under Sections 21, 20(b)(ii) and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity hereinafter referred to as the 'Act') and the sentence of 10 years rigorous imprisonment in addition to pay a fine of Rs. 1,00,000 in default to undergo rigorous imprisonment for one year inflicted by the Court of Sessions Judge, South Goa, Margao and confirmed by the High Court of Bombay, Panaji Bench (Goa) with a modification of the default sentence from one year to six months on the indictment that the appellant on 7.12.87 at about 0.40 hours at Colva was found in possession of prohibited drugs/namely 51 gms. of brown sugar, 45 gins. of ganja oil and 55 gms. of opium all worth approximately Rs. 13,465 without valid documents.

3. Adumbrated in brief, the relevant facts of the prosecution case giving rise to this appeal are as follows.

"On 6th December, 1987 at about 11.00 p.m. the Assistant Sub Inspector of Police, Shri Laxman Mahalsekar (PW-7) while along with his police party was on his patrol duty at the 3rd ward of Colva, saw the appellant speeding up his motorcycle, bearing Registration No. GDK 851 ignoring his signal to stop. The appellant in such attempt, presumably to escape from being nabbed by the police lost control over the vehicle and fell down. No sooner he stood up and removed a paper wrapping from his pant pocket and threw it away. PW-7 on entertaining suspicion over the conduct of the appellant verified that wrapping to contain small quantity of brown sugar and then he took the appellant along with his motor-cycle to the nearby Police Out Post. A handbag, bluish in colour with red strips had been attached to the motorcycle. When the said bag was opened with a key handed over by the appellant and examined in the presence of two pancha witnesses, namely Francis Xavier D'Silva (PW 1) and one Connie D'Silva (not examined), it was found to contain some personal belongings such as wearing apparels, a pair of shoes and a canvas bag. Inside the bag, there was one shaving cream tube, one camera, a torch and four plastic rolls. There was also one plastic bag containing contraceptives. The torch was found to contain two bundles of plastic material each one containing a small piece of blackish substance. Inside the cream tube, four bandies wrapped in a plastic material were found. Each of the bundle contained small pieces of blackish substance. There was also one more bundle of plastic material concealed in the shoes which when opened was found to contain small piece of blackish substance similar to the one found in the torch as well in the shaving cream tube. The camera was found in a box in which there were five packets of plastic material with some powder of yellowish colour i.e. brown sugar. According to PW-7, there were 50 gms. of brown sugar hidden in the camera case, 45 gms. of Ganja oil in the steel container and 55 gms. of opium in the shaving cream tube, torch light and shoes. All the materials were weighed and seized under a panchnama (Ex. P. 1) attested by PW 1 and Connie D'Silva. The appellant was arrested and kept under medical treatment and observation. Samples of these articles were sent to Chemical Analyst (PW-6) who has deposed that she received three envelopes Ex.1 to 3. According to her, the envelope marked Ex.1 contained 1.57 gms. of substance which on analysis was found to contain 16.8% w/w of Morphine (which is an alkaloid extracted from opium i.e. conversion of opium). The quantity of the substance namely a dark brown soft mass having characteristic colour of opium found in the envelope Ex. 2, weighing 2.45 gms. was not sufficient to carry out further analysis. The substance in envelope Ex. 3 weighing 2.97 gms. on analysis was found to contain a dark brown sticky substance hav