ORDER

We have heard the learned counsel for the appellant.

2. In the instant case, according to the prosecution, 5940 gms. of heroin concealed in the bottom of a suitcase alleged to be belonging to the appellant was recovered when he was attempting to transport the same from the International Airport, Chennai to Singapore. The recovery memo was prepared on 5th January, 1987 at 3.00 A.M. and thereafter the appellant was arrested on that day at 2.00 P.M. The trial court acquitted the appellant by holding that mandatory provisions like Section 42 and Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") had not been complied with.

3. In appeal, the High Court reversed the decision of the trial court and convicted the appellant and sentenced him to 10 years imprisonment and to pay a fine of Rs.1 lakh and in default to undergo RI for one month.

4. In this appeal, it has been contended by the learned senior counsel for the appellant that the provisions of Section 42 of the NDPS Act have not been complied with. He further states that there was delay in arresting the appellant which had not been explained and further that the provisions of S