JUDGMENT

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Jammu and Kashmir High Court directing acquittal of the respondents who were found guilty of offences punishable under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the ‘Act’).

3.Background facts in a nutshell are as follows:

On 1st July, 1995 at about 4.15 a.m. Army Patrolling Party, on the other side of Village, Hamirpur Sidhar near DCB end point, noticed suspicious movement of some infiltrators who on being challenged abandoned some suspicious materials and escaped under the cover of darkness. On receipt of this information, Customs Staff camping at the other side of the village rushed to the spot. Both the army authorities and Custom staff, found some suspicious materials on spot in two salwars and a plastic bag left abandoned in the field near DCB end point. They called two panchs from the area and the three packages found lying abandoned in the field were opened in their presence from which 56 packets of light brown powder, each weighing one kg. were recovered and seized by the Custom staff under Section 110 of the C