JUDGMENT

P. Sathasivam, J.—

1. Leave granted.

2. State of Rajasthan, aggrieved by the judgment and order dated 15.09.2005 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Appeal No. 1050 of 2002 acquitting the respondent/Udai Lal, who had been convicted by the Special Judge, NDPS cases, Chittorgarh under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’) and sentenced him to undergo 10 years’ rigorous imprisonment and a fine of Rs. One lakh, has filed the above appeal.

3) Brief Facts:

According to the prosecution, on 19.08.2001, at about 3.05 p.m. one Himmat Singh, Station House Officer, Police Station, Chanderiya, received an information from Mukhbir about transporting illicit liquor in truck No. RJ 09/G/0604 and acting on that information he alongwith Amar Singh P.W.5, Udai Singh P.W.6, Gopal P.W.11 after calling two motbirs Dinesh Khatik P.W. 1 and Iqbal P.W.2, taking with them the necessary articles for investigation, started in Government jeep. At 3.15 p.m., as per the information received, the said truck arrived there from the side of Chittor and was got stopped by signaling.