JUDGMENT

S.C. Jain, J. - Namdi Francis Nwazor, a Nigerian national, the appellant herein was booked and tried for the offences punishable under Sections 21 and 28 read with Section 23 of the N.D.P.S. Act. The trial court by its detailed judgment and order dated 19.7.1991 found him guilty for the offence under Section 21 of the N.D.P.S. Act and sentenced him to undergo R.I. for ten years and a fine of Rs. 1 lakh and in default of payment of fine to further undergo R.I for a period of one year. He was further sentenced to ten years R.I. and to pay a fine of Rs. 1 lakh and in default of payment of fine to further undergo R.I. for a period of one year for the offence punishable under Section 28 read with Section 23 of the N.D.P.S. Act. However, the substantive term of imprisonment was ordered to run concurrently.

Aggrieved, that judgment and order has been challenged by the appellant by filing this appeal.

2. In brief, the prosecution version is that the appellant is Nigerian national. On 23.6.1987 he was to fly from New Delhi to Lagos via Bombay by Air India Flight No. Al-860 and for that purpose he reported for customs clearance in the International Departure Customs enclosure of Ind