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 wit