JUDGMENT - G.D. KAMAT, J.:---In sessions Case No. 10 of 1986, the appellant has been convicted for the offence under section 20(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "the Act") and sentenced to undergo ten years of rigorous imprisonment and a fine in the sum of Rs. 1 lakh and in default of the payment of fine to undergo further imprisonment for two years. Being aggrieved by this conviction, he has approached this Court in appeal challenging the same.

2. The charge against the appellant is that on 24th February, 1986, at 8.45 hours at Chapora when the police party checked one house the appellant was found in possession of 3.300 kgs. of charas worth Rs. 16,500/- without any valid document and that is how he was tried for being in possession of the narcotic drugs under section 20(b) of the Act.

3. In support of the prosecution case three witnesses have been examined, P.W. 1 Shaikh Usman who is about 20 years of age is admittedly a homeguard and is attending a night school. In his statement he deposes that he was called by the Mapusa police and taken to Chapora in the morning of 24th February, 1986, alongwith/another panch and some poli

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