JUDGMENT:

1.

The Appeal was admitted on 24.03.2023 and thereafter, Record & Proceedings were called and on furnishing a paperbook, the matter was taken up for final disposal since the Accused is in custody.

2.

Heard Mr. Pavithran who is appearing on legal aid basis for the Appellant and Mr. Pravin Faldessai, learned Additional Public Prosecutor for the State.

3.

The Appellant has challenged the conviction and sentence passed by the learned Special Court vide judgment and order dated 13.10.2021, thereby holding the Appellant guilty for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act, for short] and accordingly, sentencing him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lakh and in default to suffer imprisonment for a period of one year.

4.

The challenge to the impugned judgment is raised on three points as under:

(a) That there is non-compliance of Section 50 of the NDPS Act;

(b) That there is non-compliance of Section 52-A of the NDPS Act and (c) That the possibility of tampering with the contraband is evident.

5.

The points for determination are as under together with my findings against