Order

Y.K. Sabharwal, J.—The respondent was found guilty of offence under Section 18 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’) by Sessions Judge and sentenced to undergo rigorous imprisonment for 10 years and fine in the sum of Rs. 1,00,000/- and in default of payment of fine to undergo further rigorous imprisonment for two years. The High Court, by the impugned judgment, has set aside the conviction of the respondent. The State is in appeal on grant of leave.

2. Briefly, the case of the prosecution is that the respondent was apprehended at a bus stand on 28th July, 1994 by PW-7 (Hukum Singh), Head Constable Munshi Ram and few others who suspected that he was carrying opium because of smell coming from his bag. Head Constable Munshi Ram telephonically informed PW8 (Prem Thakur), Deputy Superintendent of Police/SHO, Police Station Sadar Mandi about the apprehension of the accused. PW-8 went to the spot and inquired from the accused about his willingness to be searched by the Police or by a Magistrate. The accused showed his willingness to be searched by the police. PW-8 conducted the search of the accused and found opium which was being