1. The present appeal has arisen from the judgment dated 22.03.1997 passed by the learned Additional Sessions Judge, New Delhi in Sessions Case no. 36/1997 whereby the respondent, who was charged for the offences under Sections 132 and 135(1)(a) of The Customs Act, 1962 and Sections 18 and 28 read with Sections 8 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act in short), was acquitted of all these offences.

2. Brief facts necessary for the disposal of this appeal are that on 28.01.1988 respondent Ashfaq was booked with Thai Airways Flight No.TG-935 for going to Bangkok. At the Customs Counter at I.G.I. Airport, New Delhi he declared that he was carrying US Dollars 500 only as FTS. While he was proceeding towards the Security Check he was intercepted by the Customs Officer(PW-1) and on being asked as to whether he was carrying any Indian or foreign currency or any narcotic drug the respondent replied that he was carrying US dollars 500 only. Thereafter, the respondent was asked if he had any baggage on which he informed that his checked-in suitcase was lying in the Departure Hall. He was then asked to bring his checked-in baggage at the Cu