Mukta Gupta, J.

1. By this petition the petitioner seeks leave to appeal against the judgment dated 4th June, 2016 acquitting the respondent for offence punishable under Section 21 (c) of NDPS Act.

2. Case of the prosecution is that an information was received by Shri Surjeet Kumar, Senior Intelligence Officer, DRI (PW-6) on 29th July, 2010 that a person of African origin, aged about 40 years would be standing at the bus stand, Nirankari Sarover, Burari crossing and would be in possession of narcotic drug. The information was reduced in writing vide Ex.PW-2A and placed before Shri Atul Handa, Deputy Director who instructed Shri R. Roy, Intelligence Officer (PW-2) to take necessary action. A team was constituted and a seal was obtained. Two panch witnesses namely Raju and Rakesh were also joined from near ITO at around 8.00 PM. After they reached the crossing at Burari red light at around 10.00 PM the officials noticed a person who matched the description given in the information carrying a black shoulder bag and waiting at the spot. After about 10-15 minutes when nobody approached him, he got suspicious of a surveillance and started walking towards Nirankari Colony. Thus th