JUDGMENT

A. Pasayat, J.- Order of the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Jeypore holding that the respondent G. Jaga Rao (hereinafter referred to as the ‘accused') is not guilty of offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the 'Act') is assailed in this appeal by the State.

2. Accusations which led to trial of the accused stated in brief are as follows.

3. On 11.12.1990, a raiding party consisting of the Executive Magistrate attached to Collectorate, Koraput, members of the Excise Department and A.P.R. Force reached village Bijangiwada under Kalimela Police Station. They searched the house of accused, after observing all formalities and recovered contraband ganja weighing 250 grams from one old plastic torn handless bag. The accused had no authority to possess the same. The Sub-Inspector, Malkangiri seized the ganja and forwarded the sample ganja through the learned J.M.F.C., Motu for examination by the chemical examiner of the Government of Orissa. On 13-12-1990 the prosecution report was submitted.

4. The accused pleaded innocence and false implication.

5. In order to establish its