ORDER

This is an appeal by the State of Punjab challenging the acquittal of two accused persons by the High Court of Punjab and Haryana at Chandigarh. Respondents Balkar Singh and Munish Chand were tried by the Additional Sessions Judge, Bhatinda alleging that they committed the offence punishable under section 15 of the NDPS Act. On 5.12.1991 the SHO Balbir Singh, ASI Jarnail Singh, Sub-Inspector Kaur Singh along with some other Home Guard Officials were doing patrol duty. When their vehicle reached near Village Bhagwanpur, the patrol party turned to two groups and one party under the leadership of Balbir Singh proceeded to Village Lohgarh. When the patrol party under the leadership of Balbir Singh reached a place of one Km. away from bridge across Ghaghar river, they found a cluster of bags kept in a field and the respondents sitting on them. Balbir Singh suspected that the bags must have been containing poppy husk. He apprised the accused of their right under section 50 of the NDPS Act. The accused did not raise any objection for search being conducted. Balbir Singh counted the number of bags and it was found that there were 100 bags and each bag contained poppy husk having weig