JUDGMENT

Y.K. Sabharwal, J- The respondent, a Danish national, was intercepted at Airport by the Customs Officer while he was leaving for Copenhegan on 22nd May. 1996. The search of his luggage resulted in recovery of 975 grams of hashish. A complaint was filed by Customs Department through its Air Customs Officer Mr. Utpal Mishra praying that the accused to be tried and punished in accordance with law. The accused was charged for offences under Sections 21 and 23 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act) for being in illegal and unlawful possession of 975 grams of hashish which he attempted to unsuccessfully export out of the country.

2. By the impugned judgment the trial Court acquitted the respondent accused mainly on the ground of non compliance of Section 42 of the Act holding that the non-compliance of the said provision vitiates the prosecution. All other contentions urged on behalf of the accused were rejected by the trial Court. The Customs Department is in appeal before us.

3. Relying upon a decision of a learned Single Judge of this court in Shri Richard Thomas Wrigley v. Customs and another1, trial Court has held that the customs counter