JUDGMENT :

Sanjay K. Agrawal, J.

1. This acquittal appeal under Section 378 (1) of CrPC is directed against the impugned judgment dated 27/08/2008 passed by learned Special Judge (NDPS Act), Jagdalpur by which the respondent herein has been acquitted from the charge punishable under Section 20(b)[ii-(c)] of Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter, 'the Act of 1985') holding that the prosecution has failed to bring home the offence in question.

2. The case of the prosecution, in brief, is that on 17/02/2008, at about 05:50 PM, on the way of Village Dhobiguda at N.H.43, the respondent was riding his motorcycle Hero Honda Splender bearing No. CG 10 ZJ/9176 having 20 kgs of ganja which was recovered from his possession punishable under Section 20(b)[ii-(c)] of the Act of 1985.

3. Further case of the prosecution, in brief, is that on 17/02/2008 at about 03:30 PM, Sub-Inspector Vivekanand (P.W.4) posted at Police Station Kotwali, Jagdalpur received information through telephone that two persons are riding on a motor cycle and they are carrying ganja to sell in Raipur. The said information was registered in Roznamcha Sanha No. 44 (Ex. P/20) and thereafter, at about