( 1 ) HEARD the learned additional Public Prosecutor. This criminal appeal is preferred as against the judgment recording acquittal in S. C. No. 55 of 1999 on the file of the Special Judge for trial of cases under N. D. P. S. Act.

( 2 ) THE learned Additional Public prosecutor would submit that the evidence of P. W. I is available and Ex. P. 4, the report received from the analyst stating that the samples were mixed with diazopam was also made available and hence, this material is sufficient to arrive at a conclusion that the offences with which the accused had been charged with section 22 of the N. D. P. S. Act, 1985 and section 37 of the A. P. Excise Act, 1968 had been proved.

( 3 ) THIS matter is coming up for admission.

( 4 ) THE facts of the case, in brief, are that the respondent-accused is the president of T. C. S. Inamadugu and looking after the affairs of the T. C. S. Inamadugu, kovur Mandal, Nellore District. It is also the case of the prosecution that on 8-1-1999 at 10-45 a. m. P. W. I, the Prohibition and excise Inspector went with her staff to the scene of offence shop and while inspecting the said toddy shop, found the President in the shop doing t