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 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 4 of 2003 dated 30.12.2005 acquitting the respondent-original accused from the offence punishable under sections 8(C), 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 the complainant PSI S.M. Parmar DCB, Baroda filed the complaint on 15.04.2003 and with other police staff got the information regarding the accused as stated in complaint and after that as per the information received informing to the Dy. Police Commissioner and then after the police staff and the panch went on the place together in police Jeep. That during that when they were at the place watch was arranged and during that they obstructed and stopped the person and asked his name and after that the search was taken and during that they seized the powder of Brown sugar in one plastic bag and accordingly the panchnama was drawn sample was taken and hence after completing the