JUDGMENT

Sandeep Mehta, J.—The instant appeal has been preferred by the State of Rajasthan challenge the judgment dated 20.6.2008 passed by the learned Special Judge, NDPS Cases, Sri Ganganagar in Cr. Case No.64/2006 whereby the respondent was acquitted of the charge under Section 8/21 of the NDPS Act.

2. Succinctly stated the facts of the case are that the SHO Kotwali, Sri Ganganagar and his associates were allegedly on patrolling duty on 25.7.2006 at about 5.35 p.m. It is stated that a person was seen standing in a suspicious condition near the gate of Gopi Ram Bagechi. He started running in a seeing the police vehicle. He was over powered and on asking the reason for trying to escape, the suspect could not give any satisfactory explanation. The police party suspected the action of the accused in trying to run away on seeing the police personnel, and therefore, if was thought fit to conduct his personal search. It is alleged that a by passer named Balram gave his counsel to be the witness in the search proceeding. The apprehended person disclosed his name to be Ajay @ Ajju. He was allegedly given an option of being searched in the presence of a Gazetted Officer but he gave consen