JUDGMENT :

Rajendra M. Sareen, J.

1. This Appeal is filed by the appellant - State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dated 31.05.2006 passed by the learned Special Judge, FTC No.2, Jamnagar in Special Case No.12 of 1998 acquitting the respondents Nos. 1 to 4 - original accused from the offence punishable under sections 20(b), 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act ("NDPS Act" for short).

2. The case of the prosecution case is that on 01/05/1998, Mr.M.J.Parmar, Police Inspector, was performing his duty at City "B" Division Police Station, Jamnagar and he received a Secret information that the accused Sanjay Babugar with other was buying and selling the Narcotic Substance "Bhang Ganja" in public with other accused persons at Jamnagar, near Khodiya Colony, Jay Cooperative Society. After receiving the secret information, Shri Parmar started for raid and superior officers came to be intimated about the said secret information. Thereafter, with police staff, two panchas and necessary materials, they went to the scene of offence where they found that the accused persons Sanjay Babugar, Abdul Gafar Ka