ORDER

1. In this appeal, the order of acquittal passed by the Rajasthan High Court, Jaipur Bench on 2-9-1988 in SB Criminal Appeal No. 333 of 1988 is under challenge. The respondent was convicted for the offence under Section 8 read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") by the learned Sessions Judge, Ajmer in Sessions Case No. 80 of 1987. For the aforesaid offence, the respondent-accused was sentenced to 10 years rigorous imprisonment together with a fine of rupees 1,00,000 in default of payment, further rigorous imprisonment for two years.

2. The prosecution case in short was that on 12-4-1986 the accused was apprehended by Head Constable Amanullah at the platform of Ajmer Railway Station at about 7.45 a.m. When the said Constable had been checking the passengers who had been getting down from the train, the accused tried to avoid the Head Constable, but he was apprehended and interrogated by the said Head Constable and the said Head Constable felt that something was kept in the pocket of the accused. Thereafter a plastic bottle of glucose had been found in possession of the accused and it transpired tha