VINOD GOEL, J.

1. The present leave to Appeal has been filed against the impugned judgment dated 28.02.2017 passed in Sessions Case No.440805/2016 (Old No. 02/2013) by Sh. Sanjay Garg, Learned Special Judge (NDPS), Dwarka Courts (in short ‘the Trial Court’) whereby the Respondents Juarah and M. Walai were acquitted of the charges for the commission of offences punishable under Section 21/23/29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “the NDPS Act”) on the grounds that the alleged recovery of narcotic drug from the Respondents cannot be used against the Respondents as the investigating agency failed to comply with the provision of Section 50 of the NDPS Act and with the provision of Section 103 of the Customs Act, 1962 and the statements of the Respondents under Section 67 of the NDPS Act recorded by the investigating agency do not meet the legal requirements and as such the investigating agency defaulted on all the above aspects.

2. The case of the prosecution is that on 01.04.2010 at 12:45 pm, an information was received by Sh. D.C. Misra (PW8), Joint Commissioner, Air Customs, IGI Airport, New Delhi, that a person namely Jura (an Afghan natio