( 1 ) THE appellant, a Nigerian national, stands convicted under Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "act" only) vide orders dated 28. 8. 2003 and sentenced to undergo RI for 15 years and a fine of Rs. 1 lac vide orders dated 15. 9. 2003. He has filed this appeal challenging his conviction and sentence.

( 2 ) THE facts relevant for the disposal of this appeal, briefly stated, are that on 30. 7. 1999, the Narcotics Control Bureau (NCB) received a secret information that one Nigerian called King was having 5-6 kilograms of heroin With him for the purpose of smuggling it out of India. According to the information, he was keeping this Heroin in the back portion of House No. E-l/19, Vasant Vihar, new Delhi. The information was reduced into writing and was brought to the notice of the senior officers. Thereafter, a raiding party was organized and a raid was conducted. Two public witnesses also were joined in the raiding party. Shri N. K. Dhaka, Intelligence Officer, NCB was the Investigating Officer and Shri C. B. Singh, Superintendent, NCB was supervising the raid. When the raiding party reached the aforesaid