The State has preferred this appeal against the

judgment of acquittal passed by the XXXIII Addl. City Civil &

Sessions Judge & Spl. Judge (NDPS), Bangalore. CCH.33 in

Spl.C.C.No.409/2016 dated 13.02.2019.

2. For the sake of convenience, the parties are

referred to as per their status before the Trial Court.

3. The brief facts of the prosecution case is that on

25.03.2016 at 12.45 am, P.I, Agrahara P.S., Bangalore got

information that below fly over, 2^nd Stage, towards Tata BP

Solar, in a remote place, two persons aged about 35-40 years

old were selling brown sugar to the public. Therefore, he

secured panchas and along with his staff went to the said place

and apprehended two persons. In the presence of the gazetted

officer, accused No.1 was searched and he had 480 gms of

brown sugar and from accused No.2, 460 gms of brown sugar

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was seized under mahazar. Accused nos.1 and 2 were arrested

and produced before the Magistrate and remanded to judicial

custody. After investigation, the Investigating Officer has

submitted a charge sheet for the commission of offence

punishable under Section 22(C) of the NDPS Act. The trial Court

has framed charges and the same was read