JUDGMENT

1. This criminal appeal is preferred under section 378 of Cr.P.C. by the appellant State being aggrieved by the judgement dated 28.01.1999 passed by Special Judge, NDPS Act, Ratlam in Special Case No.18/1998 whereby the respondent has been acquitted by the learned Trial Court from the offences punishable under Section 8/21 of the Narcotics Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as The NDPS Act).

2. The prosecution story in short is that on 02.02.1998 at about 12.30 PM, the SHO of police Station GRP, Ratlam has received an information that two persons are standing near the pillar of Main Gate of the Ratlam Railway Station in front of platform no.4 having black and white bags in their hands containing smack. Thereafter, on the information given by the informer, the police prepared a Panchnama vide Ex.P/4 and the SHO alongwith the team has reach on the spot, he had given a proposal and told the right of the accused to be searched in front of Gazetted Officer or Magistrate and prepared Ex.P/5 i.e. declaration of the accused. After taking consent of the accused vide Ex.P/6, the SHO Vinay Sharma has searched the accused in front of the witnesses and membe