This appeal is directed against the judgment dated 211. 1987 in S.C.No. 50 of 1987, on the file of the Additional Sessions Judge, Ramanathapuram at Madurai, convicting the appellant for the offence under Sec.8-C read with 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and sentencing him to undergo R.I. for ten years and also to pay a fine of Rs. 1 lakh.

2. On behalf of the prosecution 3 witnesses were examined, 7 exhibits were filed and two M.Os. were marked.

3. The short facts leading to the prosecution are as follows:

P.W.2 Mahalingam is the Superintendent of Customs. On 30.9.1986 night, P.W.2, along with his party was conducting vehicular check up in Madurai Ramanathapuram road at about 00.16 hours (midnight). At that time, they saw a bus belonging to Marudhupandiyan Transport Corporation, coming from Ramanathapuram towards Madurai. P.W.2 stopped the bus and conducted search on 25 passengers, who were found in the bus. One of the passengers was the appellant. P.W.3 Pitchai was the Conductor. When the appellant was searched, he was found with an Air bag. On suspicion, P.W.2 got the bag and opened it and found the a