Mukta Gupta, J.-

1. The present appeal is directed against the judgment of the learned Trial Court dated 30th April, 2011 whereby the Respondent was acquitted of the charges under Sections 21 (c) and 23 read with Sections 28 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short “the NDPS Act”).

2. After hearing the parties, leave to appeal was granted by this Court on 4th January, 2013 and the appeal was set for hearing for today as the Respondent is a resident of USA.

3. Learned counsel for the Appellant submits that the learned Trial Court acquitted the Respondent on three counts, that is, non-compliance of Section 50 of the NDPS Act, possession of alleged contraband being not in a conscious possession and that the case property was not secured properly by the prosecution. As regards non-compliance of Section 50 of the NDPS Act, learned counsel for the Appellant states that since the recovery was from the baggage and not from the personal search of the Respondent, the mandatory compliance of Section 50 of NDPS Act was not required to be done. However, still notice under Section 50 NDPS Act was served on the Respondent when the search was taken. Reli