JUDGMENT

Shiv Narayan Dhingra, J.

1. The present appeal under Section 378 (4) of the Code of Criminal Procedure, 1973 has been preferred by the appellant Union of India assailing the judgment dated 20th March, 2003 passed by learned Special Judge, NDPS Act, New Delhi acquitting the respondent/accused of the charges under Section 21, 23 and 28 of Narcotic Drugs and Psychotropic Substances Act ("NDPS Act" for short).

2. Brief facts relevant for the purpose of deciding present appeal are that respondent/accused, a Nigerian citizen holding Nigerian Passport No.C-420048 was intercepted on 15th September, 1998 while he had checked in for going to Lagos at Indira Gandhi International Airport. After checking in for boarding Ethiopian Airline and after clearance of immigration and custom formalities, while he was proceedings towards Security Hold Area, he was intercepted by the custom officers and was asked if he was carrying a narcotic drug for foreign currency or any contraband goods either on his person or in any checked-in-baggage or hand baggage. To this, the respondent/accused replied in negative. Thereafter, he was served a written notice under Section 50 of NDPS Act informing hi