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TMI Blog2014 (10) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... her aspect when there is failure of a mandatory compliance. Therefore, there is no merit in this appeal and the appeal is dismissed. It is also stated by the learned counsel for the respondent that though the respondent has been acquitted, he is a foreign national and without custody of his Passport and Identity Card which are produced and marked in the appeal as Exhibits P-8 and P-9, the respondent, has been unable to leave India for his country and his repeated attempts to secure the documents have been stone-walled and the respondent has been suffering great hardship, being unable to secure employment in India or to proceed to his country. He is under the mercy of the Singapore Embassy in India, till date. - Decided against the revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resence of mahazar witnesses on 19-1-2009 at 23-45 hours, was taken into custody in the international departure Hall of the Bangalore International Airport and he had by that time completed his immigration formalities and was proceeding towards security check for boarding the aircraft. The passport of the accused was checked and after ascertaining his name as Mohammed Zulkar Ali, Son of Abdul Majid and that he was proceeding to Hong Kong and at the request of the Superintendent-PW2, the accused handed over the passport issued by the Republic of Singapore, his air ticket and boarding pass as well. The Superintendent informed the accused that he intended to check his baggage and the accused had no objection to the same and after obtaining the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused was found in possession of 6.9 kgs of Hashish without any pass or permit and thereby committed the offence under Section 8(c) punishable under Section 20(b)(ii)(c) of NDPS Act? (b) That on the said date, time and place accused was attempted to illegally export 6.9 kgs of Hashish from Bangalore to Hong Kong after collecting 1000 dollars from one Shah for transporting the same and thereby committed the offence under Section 8(c) read with Section 23 of NDPS Act? (c) That on the said date, time and place accused without any pass or permit issued by competent authority was attempting to export 6.9 Kgs of Hashish to Hong Kong through Dragon air flight and thereby committed the offence under Section 8(c) read with Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pletely over looked by the trial Court in not appreciating the case of the prosecution to emphasize that the circumstance of the case would have attracted only Section 43 and not Sections 41 and 42 of the NDPS Act. 6. Insofar as the distinguishing feature to demonstrate that it was Section 43 of the NDPS Act that was attracted, the court below has overlooked the judgment in the case of Ajmer Singh v. State of Haryana - 2010 Crl. L.J. 1899. However, has chosen to apply other decisions which were contrary to the case canvassed by the complainant. Insofar as the further finding of the court below that the substance recovered on interception of the accused was not from his person and from his checked-in baggage, has proceeded to consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here has been non-compliance with Sections 41 and 42 of the NDPS Act. In this regard, the law is well-settled that compliance with the said sections is mandatory and any lapse in that regard would vitiate the entire proceedings. Therefore, the short point for consideration in the present appeal as contended by the learned counsel for the respondent would be firstly whether Sections 41 and 42 were attracted and whether there was due compliance with Sections 41 and 42 of the NDPS Act. It is not in dispute that the complainant, the Superintendent of Customs had received information from the Directorate of Revenue Intelligence of a suspected individual seeking to transport Hashish from Bangalore to Hong Kong and it is on that information t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent on the face of it that there was non-compliance with Sections 41 and 42 of the NDPS Act, which has also been found by the Trial Court, there is no warrant to address the case on any other aspect when there is failure of a mandatory compliance. Therefore, there is no merit in this appeal and the appeal is dismissed. It is also stated by the learned counsel for the respondent that though the respondent has been acquitted, he is a foreign national and without custody of his Passport and Identity Card which are produced and marked in the appeal as Exhibits P-8 and P-9, the respondent, has been unable to leave India for his country and his repeated attempts to secure the documents have been stone-walled and the respondent has been sufferi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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