Sandeep Mehta, J.

Heard learned Counsel for the parties and perused the record.

2. The instant Appeal has been preferred by the appellant State of Rajasthan assailing the judgment dated 7.11.2003 passed by learned Special Judge, N.D.P.S. Act Cases, Udaipur in Secessions Case No. 137/2003 whereby, the accused respondent was acquitted from the charge for the offence under Section 8/18 of the N.D.P.S. Act.

3. The State has approached this Court by way of this Appeal prayting for setting aside the Judgment of acquittal and to convict and sentence the accused respondent for the offence under Section 8/18 of the N.D.P.S. Act for the alleged possession of contraband opium weighing 8 kgs. 800 grams.

4. The State of Rajasthan filed an application seeking leave for filing appeal against the impugned judgment. This Court, vide order dated 27.2.2004 rejected the application for leave to appeal. The order passed by this Court was carried by the State to Hon'ble Supreme Court by filing a special leave petition which was allowed by order dated 31.10.2009 and while setting aside this Court's order rejecting the application for leave to appeal, the Hon'ble Supreme Court remanded the matter to