1. - This is an appeal filed by the State of Rajasthan against the judgment dated 19.1.1991 passed by the learned Addl. Sessions Judge, Chittorgarh in Sessions Case No. 112/1988 The State of Raj. v. Mala Ram which relates to FIR No. 64/1988 of Central Narcotic Bureau, Chittorgarh. The learned lower court has acquitted the accused-respondent Mala Ram from the charge under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the N.D.P.S. Act of 1985'). The accused-respondent was charged in the lower court for the illicit possession of 4 kgs. 600 gms. of opium in a suitcase which was being carried in his lap while he was sitting in a public transport vehicle.

2. The grounds taken in the appeal against said acquittal order are as follows:-

(1) that the learned lower court has not properly appreciated the evidence submitted on behalf of the prosecution,

(2) that the statement of PW-1 Satya Narayan has not been relied upon, though he was a trustworthy witness,

(3) that the statement of PW-5 Durga Lal and PW-7 Azizulla were sufficient to prove the charge against the accused respondent,

(4) that the provisions which are not mandatory in the N.D.P.S. Act