( 1 ) THE respondents were charged, tried, but acquitted of the offence under Sections 18,25,20 (b) (i) of the Narcotic drugs and Psychotropic Substances Act, 1985 [for short "ndps Act"]. Therefore, present appeal against acquittal by the appellant.

( 2 ) AS per the prosecution, on 9th october, 1988, on information, a raid was conducted by the Officers of the appellant- central Excise and Customs Preventive, Pune, of the premises, comprising of two rooms, having its Municipal House No. 7 and owned by respondent No. 2, in Village- Phaltan, and found 1. 340 kgs. of "ganja" under the sofa, and opium, weighing 52 gms. , in the pocket of respondent No. 1. After receiving the information, completed the formalities, including issuance of an authorisation under section 41 (2) of the NDPS Act by the competent authorities only in the name of respondent No. 2, without mentioning the house number. The detail and purpose of the raid was explained to the Panchas. The Panchas were also searched. Nothing was found in the course of the said search. The raiding team reached to the premises in question. The door of the house was open. When called, respondent No. 1 naushad Hasan Pathan came o