A.P. Shah, J. - Original accused NO.1 Peter Endy, a Nigerian National, has filed this appeal challenging the order passed by the Special Judge, NDPS Court, Mapusa, convicting the said Peter Endy under Section 21 of the NDPS Act and sentencing him to undergo R.I. for a term of 10 years and. also to pay a fine of one lakh rupees and in default to undergo one year R.I.

2. The accused NO.1 alongwith accused No. 2 Charles and accused No.3 Gloria, a Nigerian couple, were prosecuted by the State through the P.S.I. Fabian D'Souza, Assistant to the AntiNarcotic Cell, Panaji, under the NDPS Act. Briefly, the prosecution case is that on December 6,1991, the accused No. 1 was appreheded by the police raiding party consisting of P.S.I. D'Souza, Superintendent of Police A.K.Singh and other police staff members besides two panch witnesses Alfred Vaz and Sadguru Parab, near Casino Hotel at Porvorim for having been found in possession of some narcotic drugs. In this regard, a separate case was filed against the accused No.1 being Special Criminal Case No.22 of 1992, in which he was convicted under Section 27 of the NDPS Act for possession of a small quantity of morphine for persona