AFR

C A V Judgment

1. This appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 09.06.2017 passed by the Special Judge (under N.D.P.S. Act), Janjgir Champa (C.G.) in Special Criminal Case No.10/2015, whereby, the respondents have been acquitted with regard to the offence punishable under Section 20(b)(ii)(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act,1985’).

2. Briefly stated the facts of the case are that on 20.04.2015, at 18.30 hrs., a secret information was received by the In-charge Police Station, Navagarh that, two persons are travelling along with contraband article (cannabis) in a motorcycle bearing registration No. CG-11 BB 9015 and are proceeding towards the village Kera and, based upon which, a Mukhabir Panchanama was prepared vide Ex.P-43 and was forwarded to the Sub-Divisional Officer (Police), Navagarh, District Janjgir Champa under Section 42 of the Act, 1985 and thereafter, the witnesses were called by issuing notices under Section 160 Cr.P.C. and, the accused persons were apprehended and whi