JUDGMENT

S.B. Sinha, J. —

1. Union of India is before us aggrieved by and dissatisfied with a judgment and order dated 13.05.2005 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal Nos. 964 and 1108 of 2000.

2. The factual matrix involved herein is as under:

Sub-Inspector Bajrang Lal posted in the Office of the Central Bureau of Narcotics, Ratlam purported to have obtained a secret information to the effect that the respondent Nos. 1 and 2 herein Bal Mukund and Basanti Lal would be carrying about 20 Kg. of Opium on the next day. A preventive party allegedly was formed pursuant to or in furtherance of the said information. At about 0430 hours on 21.06.1998, they reached Nayapura Phanta on Ratlam Jaora Road. Respondent Nos. 1 and 2 were seen carrying cement gunny bags. They were searched. 10 Kgs. of Opium packed in 5 polythene bag of 2 Kg. each from each of them were said to have been recovered.

3. The purported confessions of the respondent Nos. 1 and 2 were recorded on 21.06.1998, unofficial translated version whereof reads as under:

“Statement of Respondent No. 1

...My father is debt ridden to Amritlal Anjana out of Rs. 38000/- out of which Rs. 18000/- has bee