JUDGMENT

1. The appellant has preferred this appeal under section 378(2) of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') against the judgment dated 23/06/1998 passed by II Additional Sessions Judge, Neemuch, District Mandsaur (M.P.) in Special Case No.144/1996, whereby both the respondents have been acquitted from the charges under section 8/18 and 8/21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act').

2. Brief facts of the case are that on 16.8.1996 at about 03:00 PM a general search was conducted by the RTO Check post, Nimbahera, whereby a Roadways Bus of Rajasthan was stopped and searched. At that time, co-accused Kalusingh and Jafar @ Tikku were found in possession of 230 gram brown sugar. They were arrested and during the investigation they have disclosed that the said brown sugar was given to them by the Iqbal Bohra, who generally kept their contraband with the present respondents No.1 and 2 Taj Khan and Sabir Khan. Act upon the said information NCB party raided on the spot and found that in the partnership of the Sabir Khan, Iqbal kept drugs in a drum of the Galla Mandi, Neemuch. Sabir Khan took out the keys from his pocket and open t