JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The Union of India calls in question legality of the judgment rendered by a Division Bench of the Allahabad High Court holding that respondent No.1 (hereinafter referred to as the accused ) was not guilty of the offence punishable under Section 20(b)(2) and Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act ). The Trial Court i.e. the 1st Additional Sessions Judge, Sidharthnagar had convicted the accused guilty for the aforesaid offences, and sentenced him to undergo imprisonment for 15 years and pay a fine of rupees one lakh with default stipulation.

3. Accusations which led to the trial of the accused are essentially as follows:

On 17.10.1994 at about 6.30 p.m. Inspector of Customs Sri B.K. Srivastava, Incharge Customs Station Khunwa, District Siddharthnagar, received an information that a person carrying Charas from Nepal shall be passing through the Customs Barrier (Khunwa Check Post). Consequently, Sir B.K. Singh, complainant (PW-1) summoned two independent witnesses and took position near the Barrier. At about 7.00 p.m. a Jeep bearing No. UTD 5560 was seen coming from Nepal side and when it