JUDGMENT

Arijit Pasayat, J.-The appellant, a Gambian national, was apprehended around mid-night of 17-9-1993 at the Sahara Airport Bombay for carrying heroin in his baggage in ET Flight No. 661. Ashok Thaker, (PW-1) an intelligence officer attached to the Narcotic Bureau screened the baggage and seizure was made of the heroine weighing about 1 kg. which was concealed in a suitcase. After recording the statement accused was taken for alleged contravention of various provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act ) and also under the Customs Act, 1962 (in short the Customs Act ). He was charged for offence punishable under Sections 21, 23, 28 and 29 of the Act and also Sections 135(1)(a)(ii) of the Customs Act. Accused pleaded innocence. He was tried in the Court of Special Judge for Greater Bombay who found that there was non-compliance with the requirement of Section 50 of the Act as he was not made aware of his right to be searched before a gazetted officer or a Magistrate before the search was conducted. It was also held that the requirement of Section 42(2) to submit the gist of information to higher officer immediately was also not e