ORDER

1. On a specific information received by him, Shti Priya Ranjan Patra, PW 5, recorded the information in the Station Diary, Entry 57 and proceeded to the house of the respondent for effecting the recovery of opium, allegedly concealed therein. The house of the accused was searched between 2 a.m. and 3 a.m. in the presence of the witnesses and opium total weighing 2.690 kg recovered. After compliance of the legal formalities, the contraband was seized and the accused arrested. The trial court after recording evidence found the respondent guilty for the commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and sentenced him to rigorous imprisonment for ten years besides paying a fine of Rs 1 lakh and in default of payment of fine to undergo further RI for two years and six months.

2. Not satisfied with the judgment of the trial court, the respondent filed Criminal Appeal No. 32 of 1993 in the High Court, which was allowed vide the judgment impugned and he was acquitted of the charge. The High Court found that the mandatory provisions of Section 42 and Section 50 of the Act had been violated.

3. Mr R.S. J