A.S. Gadkari, J.

1. The appellant, Assistant Collector of Customs, the original complainant has preferred the present appeal against the impugned judgment and order dated 28th September 1993 passed in N.D.P.S. Special Case No.1233 of 1988, thereby acquitting the respondent nos.1 and 2 from the offences punishable under Sections 29, 21 read with Section 8(c) and under Sections 30 read with 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) and under Section 135(A) of the Customs Act, 1962 (for short Customs Act).

2. The facts which give rise and are necessary to decide the present appeal can briefly be stated thus:

(i) That on 27.2.1988, the officers of the Customs Department were informed by their Additional Collector Shri L.D. Arora and the Superintendent Mr. T.S. Jayaram (PW No.4) to remain present in the office, as some secrete information was to be worked out. In pursuance of the said information, the raid was to be conducted at a godown situated at Kharodi Village No.1, Malad Marvey Road, Mumbai-400095. After receipt of the said information, a warrant to search under Section 105 of the Customs Act was issued by Shri S.R. Datta, the Assista