JUDGMENT

1. Present appeal has been filed under Section 378(4) of the Criminal Procedure Code, 1973 (in short 'Cr.P.C.') being aggrieved by the impugned judgment dated 8.1.1999 passed by the II ASJ, Neemuch in Special Sessions Trial Case No.127/1994, whereby respondent/accused Bhanwar Singh has been acquitted for the offence under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act').

2. Brief facts of the case are that on 2.6.1994 at about 6:30 AM at Neemuch-Manasa road near Village Girdouda, Inspector of Narcotic Control Bureau (in short 'NCB') had recovered 800 grams opium from co-accused Babulal and Maikaram. During the investigation it revealed that they have purchased the same from respondent/accused Bhanwar Singh. On that information respondent was arrested on 17.9.1995 and offence has been registered against him. NCB official recorded his statement under Section 67 of NDPS Act but nothing has been recovered from his possession.

3. After completion of the investigation charge sheet has been filed under Section 8/18 of NDPS Act. Learned trial court has framed the charge under Section 8/18 of NDPS Act against the present respondent. The respon