JUDGMENT :

R. Banumathi, J.

1. This appeal arises out of the judgment dated 13.12.2005 in Criminal Appeal No. 3651 of 2002 passed by the High Court of Judicature at Allahabad in and by which the High Court has set aside the conviction of the respondent-accused for the offence under Section 20(b)(ii) of N.D.P.S. Act and also the conviction under Section 60 of Excise Act and also sentence of imprisonment imposed upon the respondent-accused.

2. On 17.07.1998 wee hours at about 1.25 a.m. when PW-1 (Ram Chandra Misra) and PW-2 (P.C. Sharma) were on patrolling duty, they had received an information that the respondent-accused along with another person were about to transport countrymade liquor for sale. When PW-1 and PW-2 apprehended the respondent-accused and his companion, the respondent-accused was found to be in possession of 2700 pouches of country made liquor kept in 18 plastic bags and he was also found to be in possession of 300 grams of charas in his pocket. After the formal search and after completion of the investigation, charge-sheet was filed against the respondent-accused under Section 20 of the N.D.P.S. Act and under Section 60 of the Excise Act.

3. Upon consideration of evide