ORDER

1. By this petition the petitioner seeks leave to appeal from the impugned judgment dated 24th December, 2009 acquitting the Respondent for offence punishable under Section 21(c)/23 read with Section 28 NDPS Act.

2. Briefly the prosecution case is that the Respondent holder of a Zambian passport was travelling to Johannesburg. After immigration, she was asked that if she was carrying foreign currency or any narcotic goods etc. which she refused. As her heels looked extraordinarily high there was some suspicion so she was brought to the customs preventive room in the presence of two witnesses. Her hand baggage and four checked in baggages were checked. She was specifically asked if there was some narcotic drug in her baggage or in the shoes worn by her to which she refused. The Respondent was told that her baggage and her person was required to be searched, if she so desired, the same could be conducted before the Magistrate or a Gazetted Officer of Customs. A notice under Section 50 NDPS Act was served on the Respondent to this effect. On checking of baggage nothing incriminating was found however when her shoes were allowed to be sniffed by the dogs, the dogs started bar