JUDGMENT

S.B. Sinha, J.—The State of Haryana is in appeal before us from a judgment and order dated 19.08.1998 of the High Court of Punjab and Haryana in Criminal Appeal No. 715 of 1996 allowing the appeal preferred by the respondent herein from a judgment of conviction and sentence dated 05.08.1996 passed by the learned Additional and Sessions Judge in Sessions Case No.37 and Sessions Trial No. 118 of 1994 under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act (for short, ‘the Act’).

2. The prosecution case against the respondent was as under :

On 15.11.1993 when a police party, comprising of Sub-Inspector Dunger Singh, Constable Randhir Singh, Head Constable Omkar, Constable Umed Singh and Head Constable Om Prakash, were proceeding from Bamla to CIA staff Bhiwani and reached the point on Rohtak-Bhiwani Road near Sanjeev M. College, the respondent was seen coming from the opposite direction, i.e., from the side of Bhiwani on foot, holding a plastic bag of white colour. Having seen them, the respondent allegedly turned towards his left side on the road as a result whereof a suspicion as regard his conduct arose in their mind. The respondent was, thereafter, taken into