JUDGMENT :

The present appeal has been preferred by the appellant - State, challenging the judgment and order passed by JMFC (III Court) at Mangaluru in C.C.No.1149/2014, dated 18.07.2017, wherein, the respondent-accused has been acquitted for the offences punishable under Section 8(c) read with Section 20(b)(ii)(A) of N.D.P.S. Act.

2. I have heard the learned HCGP for the appellant-State as well as the learned counsel for the respondent-accused.

3. The brief facts of the case are that on 03.02.2014 at about 4.15 p.m., the investigating officer received credible information that the accused is trying to sell Ganja at seashore of Subhashnagara Ullal, Mangaluru. Immediately, the investigating officer secured the presence of the panch witnesses and went to the place where he found accused possessing Ganja and he was selling the same to the General Public. Immediately, they searched and questioned him about the permit or licence to possess Ganja. After completion of due legal formalities, police searched the accused and found that the accused was in illegal possession of 290 grams of Ganja. The said articles were seized by the investigating officer and the case was registered in Crime N