It was also companytended by the learned senior companynsel that the ground on which the appellant was arrested was number companymunicated to him.
2002 Supp 3 SCR 121 The following Order of the Court was delivered We have heard the learned companynsel for the appellant.
In the instant case, according to the prosecution, 5940 gms.
of heroin companycealed in the bottom of a suitcase alleged to be belonging to the appellant was recovered when he was attempting to transport the same from the International Airport, Chennai to Singapore.
The recovery memo was prepared on 5th January, 1987 at 3.00 A.M. and thereafter the appellant was arrested on that day at 2.00 P.M. The trial companyrt acquitted the appellant by holding that mandatory provisions like Section 42 and Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short the NDPS Act had number been companyplied with.
1 lakh and in default to undergo RI for one month.
