1. The Respondent was acquitted by the Learned Special Judge for offences punishable under Section 21, 22, 23 and 28 of the Narcotics Drugs and Psychotropic Substance Act (in short NDPS Act) by the impugned judgment dated 28th March, 2011. Aggrieved by the impugned judgment the Appellant preferred the leave to appeal petition which was granted vide order dated 20th August, 2011. The Learned Special Judge had directed the Respondent to furnish bond in terms of Section 437-A Cr.P.C. However, since the Respondent has not been able to furnish the bond, hence he is in custody. Thus, this appeal was taken up for hearing by this Court.

2. Briefly the case of the prosecution is that on 13th March, 2007 the Respondent was going to Bangkok by flight No. AI-348 from IGI Airport New Delhi carrying one black colour stroller hand bag of ECHOLACE brand with no check-in baggage. The Respondent was wearing an overcoat during summer season which seemed unusual. Due to suspicion he was intercepted at the customs counter. On inquiry, he replied that he was carrying only US $ 2000 and Indian Rs. 450/- and denied carrying any Narcotics Drugs. Not being satisfied by the reply of the Respo