DEEPAK MAHESHWARI,J. - (1.) This appeal has been preferred on behalf of State of Rajasthan assailing the judgment dated 25.2.2009 passed by the learned Special Judge, NDPS Cases, Jhalawar in Sessions Case No.69/2006, whereby learned trial court has acquitted the accused - respondents Mohan Lal and Vikram Singh for the offence punishable under Sections 8/18 and 8/29 of the NDPS Act respectively.
(2.) Heard learned Public Prosecutor as also learned counsel appearing for the accused-respondents and perused the judgment impugned dated 25.2.2009. The material available on record of the learned trial court was also looked into.
(3.) Learned Public Prosecutor has submitted that the fact of recovery of 2 kg. and 60 grms. opium from accused Mohan Lal was properly proved. During investigation, it was found that this quantity of opium was purchased by Mohan Lal from Vikram Singh. He submits that the judgment impugned suffers from legal infirmity and hence, the same is liable to be quashed and setaside.;