JUDGMENT :

(Prayer: Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, to allow the appeal filed against the judgment dated 20.11.2012, passed by the learned Principal Special Judge, Special Court under EC & NDPS Act, Chennai, made in C.C. No.36/2009.)

This appeal has been filed by the Customs Department challenging the acquittal of the respondent in C.C. No.36/09 vide order dated 20.11.12 by the Principal Special Court for EC & NDPS Cases, Chennai.

2. Heard Mr.M.Venkateswaran, learned Special Public Prosecutor appearing for the appellant and Mr.Charles, Legal Aid Counsel, appearing for the respondent and perused the materials available on record.

3. It is the case of the prosecution that on 23.1.09, around 2100 hours, the respondent was on his way to board Flight No.UL-124 (Srilankan Airways) to Sri Lanka from Anna International Airport, Chennai. After the respondent checked in his baggage, complied the customs and immigration formalities and while he was proceedings towards the security gate, he was intercepted by Mr.Sailesh Gupta (P.W.1), Intelligence Officer, Customs, and was questioned on suspicion that he may be carrying some contraband; when questioned by