( 1 ) THIS is an appeal against the order of conviction under Narcotic Drugs and Psychotropic Substances Act against the appellant for being found in possession of 1800 gms. of Charas which was kept in his baggage while leaving India. Alongwith the appellant a lady passenger who was also going to leave by the same flight as the appellant, for being found in possession of 420 gms. Charas in her baggage. The said co-accused Ms. Sharon Loney was acquitted by giving her benefit of doubt while the appellant was sentenced to undergo rigorous imprisonment for a period of 10 years plus fine of Rs. 1 lac and in default of such payment to undergo further R. I. of 1 year.

( 2 ) I have, heard the parties, (counsel for the appellant has raised only three technical pleas - (i) that by not complying with the mandatory requirements of Section 42 of NDPS Act the prosecution failed to prove that the information was reduced into writing; (ii) that Section 50 of the said Act has also not been complied with; and (iii) that there is non-compliance of Section 57 of the said Act.

( 3 ) TAKING the second plea first, I find that the law laid down in the case of "belbir Singh" reported as 1994 JCC