JUDGMENT :

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of the learned Sessions Judge of Rajasthan High Court at Jodhpur directing acquittal of the respondent who faced trial for alleged commission of offence punishable under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short `NDPS Act) and was convicted by learned Special Judge, NDPS cases, Chittorgarh in Sessions Case No. 252/97 (48/95). The trial Court convicted him to undergo sentence for ten years rigorous imprisonment and to pay fine of Rs. 1, 00,000/- with default stipulation.

2. Prosecution version as held during trial was that the respondent was found to be in possession of merely 6 Kg. of opium. PW.1 Jaswant Singh, SHO, Police Station Kanera District Chittorgarh prepared a Parchakayami (Ex. P/7) on 15.6.1995 at about 7.15 p.m. stating inter-alia that on 15.6.1995 at about 2.00 p.m., he received a secret information from mukhbir to the effect that on that day before 6.00 p.m., one person, namely, Daul Giri (present accused respondent) S/o Madhugiri, resident of Shamkhdo Ka Kheda having opium in his possession would pass through Palchha Ghata on foot from the vil