Judgment

K.G. Balakrishnan, J.—This is an appeal preferred by the State of Punjab against the decision of the Division Bench of the Punjab & Haryana High Court in Criminal Appeal No. 282-SB of 1995. By the impugned Judgment, the learned Single Judge acquit­ted the respondent for the offence under Section 18 of the NDPS Act, 1985.

2. The prosecution case was that on 17.5.1992, the Station House Officer of Police Station, Voltoha, accompanied by ASI Nirmal Singh and LC Balwinder Singh were proceeding from Amarkot to Mehmoodpura on patrol duty. When they reached Mehmoodpura, they saw accused Swaran Singh coming from the opposite side. On seeing the police party, the accused sat down by the side of the road as if to answer the call of the nature. Accused Swaran Singh was ­apprehended and he was told that he was to be searched and if he so desired the search would be conducted in the presence of a Gazetted Officer or a Magistrate. The accused did not desire to be searched in the presence of a Gazetted Officer or Magistrate.

3. On being searched, the accused was found carrying a plastic bag and on further search it was revealed that the bag contained a packet wrapped in a glazed paper. The