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 Of