1. This appeal is directed against conviction of the appellant for the offences punishable under Sections 8(c) read with Sections 21(c) and Section 29 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (Hereinafter referred to as 'NDPS' Act), as also under Section 8(c) read with Sections 23, 28 and 29 of the NDPS Act and the sentence of rigorous imprisonment for ten years with a fine of Rs.1,00,000/- or in default of payment of fine further rigorous imprisonment for two years imposed upon the appellant by the learned Special Judge for trial of cases under the NDPS Act on conclusion of trial of Special Case No.13 of 2006 before him.

2. Facts which are material for deciding this appeal are as under:-

The appellant, a South African National, had reported at International Airport at Mumbai at 2:00 a.m. on 16th July, 2005. PW-17 Kundansingh Mohansingh Bisht, an officer of CISF was frisking the appellant. He found that there was something suspicious and therefore, called his superior. Ninety eight capsules containing some suspicious drugs were found in a jacket which the appellant was wearing. The officers of Air Intelligence Unit were informed by the CISF Commander