2011 (8) TMI 1255

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..... l 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. .....

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..... narcotic drugs concealed in the shoes. The inner lining of the shoes were removed and inside it three plastic packets containing white substance in the cavity of each of the two shoes. Her personal search was also resulted in recovery of one big capsule size packet of white substance. On checking the recovered contraband was found to be 305 grams from right shoes and 310 grams from the left shoes. .....

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..... RE A MAGISTRATE OR A GAZETTED OFFICER OF CUSTOMS. Sd/- 24-6-2002 A.P. Shau, ACO AIR CUSTOMS OFFICER (PREV) IGI AIRPORT, NEW DELHI To MS. MAUREEN BANDA Holder of passport No. ZH-87095 (Zambian) Received and I do not require the presence of a magistrate or gazette officer of customs. Sd/- 24-6-2002" A perusal of the notice itself shows that it is not in compliance with Section 50 of the NDP .....

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