JUDGMENT

Srikrishna, J.-This appeal by the State of Punjab is directed against a judgment of the High Court of Punjab & Haryana acquitting the respondent of the charge framed against him under Section 18 r/w Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act ).

2. The relevant facts necessary for disposal of this appeal are as under:-

On 28th July 1993, S.I. Karam Chand (PW-2), who was working as the Station House Officer, Police Station Kotwali, Barnala along with A.S.I. Bhupinder Singh, Head Constable Nishan Singh and some other police officers was carrying out patrolling near the bus stand, Barnala. When the police party came near the bye-pass of the Chowk Bajakhana, they saw the respondent-accused alighting from a bus with a tin box in his hand. The movements of the accused aroused the suspicion of the police party who then apprehended the respondent-accused. They told him that they suspected him of committing an offence under the Act and told him that if he so desired, the search would be carried out in the presence of a Gazetted Officer or Magistrate. The respondent-accused, however, declined the offer, as a result of whic