S.P. Garg, J.

1. Present appeal has been preferred by Narcotics Control Bureau against judgment dated 17.05.1997 in Sessions Case No.12/1996 by which the respondents were acquitted. I have heard the learned Spl.P.P. for the appellant and learned counsel for the respondent- Kulwant Singh and have examined the record. It reveals that complaint for offences punishable under sections 21 and 29 NDPS Act was filed by Sh. S.K. Vadhera, Intellignce Officer, Narcotics Control Bureau on 10.09.1987 against Mkemaekolam Okorie Ugroyozer, Godfrey Kelochechi Anyonwre, Ajit Singh Bhatia, Kulwant Singh and James W. Litchfield (hereinafter referred as respondents No. 1, 2, 3, 4 & 5 respectively). It was alleged that on 15.06.1987, search was conducted at room No.10, Panchsheel Inn, situated at C-4, Panchsheel Enclave where respondents No. 1 to 4 were found present. During search of the room, 12 small boxes were found which contained brown powder. The total weight of the brown powder was 2500 grams. It was further alleged that during the course of the proceedings, respondent No.2 sought permission to go to toilet. However, he escaped from the ventilator of the toilet and remained untraced. A