JUDGMENT

Arijit Pasayat, J.-Refusal to grant leave to question acquittal in terms of Section 378 (3) of the Code of Criminal Procedure, 1973 (in short the Code ) is the subject matter of challenge. According to the appellant-State of Punjab the one line "No merit. Dismissed" order of the High Court without assigning reasons therefor does not meet the requirements of law.

2. Respondent (hereinafter referred to as the accused ) faced trial for alleged commission of offence punishable under Section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short the Act ). Prosecution version was that on 26.4.1995 accused was found in illicit possession of a large quantity of opium weighing one kilogram which was being carried in a bag. The officer who apprehended the accused informed him that if he wanted the bag to be searched in the presence of a gazetted officer of police or a magistrate, he could indicate his choice. The accused however reposed confidence on the Sub-Inspector of Police who had apprehended the accused. Samples were collected and sent for chemical examination. As the samples were found to contain opium, on completion of investigation accused was challenge