As per hon'ble Shri. I.M. Quddusi, J. :-

1. The present appeal arises out of the judgment and order dated 31st March, 2009, passed by the Special Judge (NDPS Act), Jagdalpur in Special N.D.P.S. Case No. 26/2008, acquitting the accused/respondents from the charges under Section 20 (b) (2-C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

2. Brief facts of the case, as per the prosecution story, are that on 5.4.2008 at about 7.10 a.m. under the instructions of the Station House Officer, Police Station - Farasgaon, the Assistant Sub-Inspector Shri B. P. Yadav along with the police party started checking of vehicles on the barrier, in front of the police station. At about 9.50 a.m. they saw one white colour Maruti Car was coming from the direction of Kondagaon but when the police party gave signal to the driver to stop the vehicle, the driver did not stop the vehicle and tried to flee away to the direction of Raipur. The police party chased the Maruti Car by Jeep and Motorcycles and could be successful to stop the Maruti Car, bearing registration No. C.G. 04-ZD/1013 near Rituja Petrol Pump. Two persons going from the spot were requested to