(1.) This appeal has been preferred by the State against the impugned judgment dt. 22.12.2008, passed by the Special Judge, NDPS Cases, Pratapgarh in Sessions Case No. 2/2003, by which the learned trial Court acquitted the respondent Amba Lal S/o Bhawani Ram from the offence under Sec. 8/1 of the NDPS Act, 1985.
(2.) As per the prosecution story, on 03.05.2002, Puran Singh, Station House Officer of Police Station Chhoti Sadari received a sleuth information about the possession of the opium from Amba Lal and in pursuance to that information, after completing the formalities, Station House Officer, Chhoti Sadari conducted search in the premises of Amba Lal and 1kg 300 gms opium was recovered.
(3.) After usual investigation and after receiving the report from Forensic Science Laboratory, Jaipur, a charge sheet against the respondent in the Court of Special Judge, NDPS Cases, Pratapgarh has been filed.