JUDGMENT :

Ashok Bhushan, J.

This appeal has been filed by the State of Rajasthan against the judgment of the High Court of Judicature of Rajasthan at Jodhpur in S.B. Criminal Appeal No.98 of 2001 dated 24.11.2003 acquitting the accused from the charges under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') after setting aside the judgment and conviction order of Special Judge, (NDPS Cases), Hanumangarh, Rajasthan dated 31.5.2000 by which judgment accused were sentenced to undergo 12 years rigorous imprisonment with fine of Rs. 1,20,000/- each. Accused were to go further rigorous imprisonment of one year each in case of not depositing the fine. Accused Kishan Lal had filed Single Bench Criminal Appeal No. 397 of 2000 and accused Jagraj Singh alias Hansa had filed Single Bench Criminal Appeal No. 98 of 2001. Both the appeals having been allowed by the High Court of Rajasthan, this appeal being Criminal Appeal No. 1233 of 2006 has been filed by the State of Rajasthan against the acquittal of Jagraj Singh alias Hansa. The Criminal Appeal No. 1232 of 2006 has already been dismissed by this court.

2. The prosecution case in th