JUDGMENT

R.D. Dhanuka, J. - By this appeal, the appellant (original complainant) has impugned the order of acquittal dated 23rd April, 1999 passed by the Special Judge (NDPS) for Greater Bombay acquitting the respondent no.1 of the offence punishable under Section 21 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the said NDPS Act"). Some of the relevant facts for the purpose of deciding this Appeal are as under :-

2. It was the case of the prosecution that on 8th October 1997, PW-3-Superintendent Mr.Itty Mathew received an information in the evening that on the next day, there will be a narcotic transaction to be carried out by one person. The informant gave description of the said person to PW-3-Mr.Mathew and stated that the suspect would be having tattooing mark on his left hand. The said information was reduced into writing by Mr.Mathew and was kept in an envelope which was sealed and sent to the Assistant Director (PW-9). The extract of the said information was prepared and it was submitted to PW-9. On 9th October 1997, PW-3 along with other Intelligence Officers assembled in the office at 8.00 a.m. and chalked out their strategy