Shalini Phansalkar Joshi, J.

1. This Appeal takes an exception to the Judgment dated 12th February, 2009 in N.D.P.S. Special Case No. 106 of 2004 passed by the N.D.P.S. Special Judge, Greater Bombay, thereby acquitting Respondent Nos. 1 and 2/original Accused Nos. 1 and 3 for the offences punishable under Section 29 r/w. 8(c) and Section 21(c) and Section 21(c) r/w. 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Facts, as are necessary, for deciding this Appeal may briefly be stated thus:--

"On 8th March, 2004, the Intelligence Officers of Narcotic Control Bureau, namely, PW-1 Jitendra Dubey and PW-2 Ashok Singh collected intelligence and developed it in early hours and placed the said Intelligence Note (Exhibit-14) before PW-18 Ajit Patil, Superintendent N.C.B.. As per the said Intelligence Note (Exhibit-14), Accused No. 1 had delivered huge quantity of Heroin at the premises under occupation of Accused No. 2-Mohamed Hassan, since deceased. PW-18 Superintendent Ajit Patil took the directions of his superior officer Mr. Sanches and formed the team of Officers for conducting the search. Accordingly, PW-1 Jitendra Dubey and PW-2 Ashok Singh, Intelligence Officers, called two Panchas from the vicinity and, along with them, conducted the search in the premises under the occupation of Accused No. 2-Mohamed Hassan, which was a room situate on the 2nd Floor, Soofi Manzil. Accused No. 2- Mohamed Hassan was informed about the purpose of the visit. Accused Nos. 1, 2 and younger brother of Accused No. 2 were present in the room. During the systematic search of the said room, blue-cum-black nylon carry bag containing five heat sealed polythene bags containing brown colour powder was recovered. The bag also contained personal belongings of the Accused and some documents. It was taken in custody. On testing the powder in the said bag, it answered for Heroin. Each polythene bag was containing 2 kgs. of Heroin. In a big size polythene bag, the contents of five polythene bags were emptied and, out of it, two samples were taken in small polythene sachets; heat-sealed and kept in two separate envelopes, duly sealed with N.C.B. Seal No. 03. The bulk quantity of Heroin powder was also separately packed and sealed in a carton."

2. During preliminary enquiry, Accused No. 2-Mohamed Hassan disclosed that Heroin powder was brought by Accused No. 1 and he was to purchase 5 kgs. out of it. Accused No. 1 disclosed that remaining 5 kgs. Heroin powder was to be delivered to one Tanzanian National Abdul Emam, i.e. Accused No. 3, at 12 hrs. outside Al-Mozain Hotel. Therefore, in order to apprehend Accused No. 3, some Officers went to Al-Mozain Hotel.

3. During the course of search of the room in possession of Accused No. 1, some documents, two passports and one Motorola Mobile Handset were recovered. All these articles were taken into custody and Panchanama to that effect was made. Accused Nos. 1 and 2 with younger brother of Accused No. 2 were brought to the N.C.B. Office with seized articles. Meanwhile, the team of Officers, who had been to intercept Accused No. 3-Abdul Emam, also returned to the N.C.B. Office with Accused No. 3. In his personal search also, some documents as well as Indian and foreign currency was recovered. Another team was deputed to search residential premises of Accused No. 3 situate at Vasai. There, in the presence of Panchas, residential premises of Accused No. 3 was searched and the N.C.B. Officers recovered certain documents, including original Leave and License Agreement On the same day itself, the statement of Accused No. 2-Mohamed Hassan was recorded under Section 67 of the N.D.P.S. Act, in which he gave the details as to how he was trafficking in drugs for last one year and earning commission. He also disclosed that he was doing the drug trafficking business with Accused No. 1 and gave further details of his journey from Mandsour to Ratlam and from Ratlam to Mumbai, while he was taking 10 kgs. of Heroin