JUDGMENT

Sandeep Mehta, J. - The instant appeal has been preferred by the State of Rajasthan being aggrieved of the judgment dated 8.9.1989 passed by the learned Additional Sessions Judge, Chittorgarh in Sessions Case No.48/1986 whereby, the respondents were acquitted from the charge under Section 8/18 of the NDPS Act.

2. Shri N.K. Rai, learned Spl. P.P. representing the Central Narcotics Bureau appeared and urged that the case was instituted at the instance of the Bureau and thus, he has been authorised to argue the matter.

3. Facts in brief are that Shri Kishan Narayan Saxena Sub Inspector, Opium Department, Central Narcotics Bureau was posted at Division Chittorgarh on 31.5.1986. He allegedly reached the agricultural well of Uda s/o Heera Jat r/o Paroli at the instructions of his seniors. On reaching there, he saw two persons trying to escape. One person wearing a shirt and dhoti was having a green coloured bag in his hand and the other wearing pant and shirt was having a gunny bag in his hand. They were perused by the constables Chotu Singh, Hardayal Singh, Bhikam Singh and Surendra Singh and were apprehended. On search, the bags being held by them were found to be containing op