JUDGMENT (ORAL)

R.B. Misra, J.—The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 22nd, December, 1993, passed by learned Sessions Judge, Chamba Division, at Chamba, in Sessions Case No.12 of 1996, thereby acquitting the respondent/accused for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short ‘the Act’) –

2. In order to adjudicate the present criminal appeal, it is necessary to give the factual background of the prosecution case. The facts, as per the prosecution story, are that on 29.12.1991, PW-8, Bidhi Chand, the then SHO Police Station, Dalhousie was present at Tunnuhatti barrier on patrolling, along with PW-9, ASI Om Parkash, other-police officials and PW7, Kashmir Singh, when at about 4 a.m. accused came from the side of Nanikhad and tried to slip away on seeing the police. He was apprehended on suspicion and notice Ext. PE was issued to him as to whether he wanted to give his search before a Magistrate or Gazetted Officer and the accused gave in writing on Ext. PC that he is ready to give search b