JUDGMENT

Dr. Anand, J. - The appellant, a Kuwait national, was convicted for an offence under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter 'the N.D.P.S. Act') and sentenced to suffer imprisonment for 11 years and a fine of Rs. 1 lac by the learned Sessions Judge, Quilon. His appeal against the conviction failed before the High Court of Kerala though the sentence of imprisonment was reduced to 10 years R.I. The imposition of fine of Rs. 1 lac as also the imprisonment in default of the payment of fine as imposed by the Trial Court was, however, maintained.

2. According to the prosecution case, on 12.10.1988 at about 11.15 p.m., the appellant was found in possession of 780 gms. of charas in the first class waiting room of the railway station at Quilon. P.W. 6, Ashok Kumar. Sub-Inspector of Police attached to the Quilon railway station, on receipt of reliable information that a foreigner having charas in his possession was sitting at the Quilon railway station, went to the platform where P.W. 1 Constable Nataraja Pillai was on patrol duty. Both P.W. 1 and P.W. 6 went to the first class waiting room. The appellant was found sitting there w