Bhavasingh Rathod @ Bhavasinghbhai, the 4th accused in C.C.46/1992 on the file of the II Addl. Sessions Court, Ernakulam, has been found guilty under Section 20(b)(ii)(c), Section 25. Section 28, Section 29 and Section 30 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the NDPS Act’ and also under Section 135A of the Customs Act, 1982. In short ‘the Customs Act’ and therefore was convicted and sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of rupees two lakhs, in default to undergo simple imprisonment for two years for the offences under the NDPS Act, except Section 30 thereof. For which no separate sentence has been imposed; and to undergo simple imprisonment for three years, together with a fine of Rs.50,000/-, in default of payment of which to undergo further imprisonment for six months, for the offence under the Customs Act. The substantive sentences were directed to run concurrently.

2. The main contention of the learned counsel Mr. C.C. Thomas is that the conviction of the appellant is not legally sustainable as the conditions contained in Section 30 of the Indian Evidence Act has not been properly appreciated by the