Appellant is the accused in S.C.143 of 1989 of the Assistant Sessions Court, Badagara. He was charged under S.1s of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short'the Act') for having been found in possession of 115 grams of Opium. The Assistant Sessions Judge convicted and sentenced him to undergo rigorous imprisonment for ten years and also to pay a fine of Rs.1,00,000/-. In default of payment of fine he has to undergo rigorous imprisonment for a further period of two years.

2. Prosecution alleges that on 7-12-1987 at about 3.45p.m. the accused while travelling in a bus belonging to Kerala State Road Transport Corporation was found in possession of 115 grams of Opium. P.W.1 Superintendent of Special Customs Preventive Unit got information that smuggled gold was carried by a passenger in a bus. He proceeded towards Quilandy. He checked vehicles coming from the northern side at Chengottukavu. The bus coming from Payyannur to Perinthalmanna was stopped at Chengottukavu. Accused was one of the passengers in the bus. P.W.1 searched the body of the accused in the presence of P.W.4 and other independent witnesses. A packet wrapped in a sheet of newspaper