V.K. Sharma, Judge

The State is in appeal against the acquittal of the respondent (accused) for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘the Act’) by the learned Additional Sessions Judge, Mandi, H.P., vide judgment dated 28.11.2000.

2. In brief, the case of the prosecution was that on 12.4.1999, at about 4.30 PM, when PW-8 Head constable Jagat Singh, Incharge Police Post, Bali Chowki along with PW-3 LHC Hem Raj and PW-1 Parkash Chand was present outside the Police Post, the accused, who was wearing black colour jacket was seen coming from Banjar side towards Kullu. On being stopped by the police, he became perplexed and tried to run away. It aroused suspicion and he was apprehended. On interrogation, he disclosed his name, parentage and address. On suspicion that the accused was in possession of some contraband, witnesses namely Jiwan Singh (PW-2) and Chittar Singh (not examined), who were going towards Bazar side were joined as witnesses by the police. In their presence PW-8 H.C. Jagat Singh gave his personal search to the accused. Thereafter he served memo Ex.PW-8/A upon the accused stating whether he i