1 The appellant is aggrieved by the judgment and order dated 31st August, 2005 passed by the Special Judge appointed under the NDPS Act. The appellant has been convicted of the offences punishable u/ss. 21(C) r/w. 29 and 23(C) r/w. 28 of the NDPS Act. For both the conviction he has been sentenced to suffer RI for 10 years each and to pay a fine of Rs.10 lakhs each and in default, to undergo RI for 3 months each.

2. The appellant is a Nigerian national. He had come to Mumbai on 30th June, 2002 and was staying at Hotel Colaba Causeway. The officers of Narcotics Control Bureau, Mumbai, has intercepted him at Sahar International Airport on the basis of certain information that he would be carrying Heroin by Swiss International Airlines Flight No.LX 155 ETD. His checked-in baggage and cabin baggage was subjected to search. He was given opportunity of being searched in presence of a Gazetted Officer or the Magistrate as provided by the law. He refused to avail the said opportunity. Nothing incriminating was found during the course of search of his checked-in baggage. However, Heroin weighing 1.200 kgs. was recovered from his cabin baggage which was concealed in a false bottom of