Deepak Gupta, J. (Oral) This appeal by the State is directed against the judgment dated 29.2.1996 passed by the learned Addl. Sessions Judge, Solan, H.P., in Sessions Trial No. 10-NS/7 of 1994 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

2. The prosecution case in brief is that on 25.1.1994 SI-Rattan Singh (PW-8) who was the then S.H.O. Police Station, Arki was on routine patrol duty at Batal Ghati alongwith ASI-Som Dutt, HC- Hem Raj, Constable Sita Ram and Lady Constable Malti Devi. There he received secret information that the accused is indulging in trafficking of drugs. According to PW-8 since it was Statehood Day and offices were closed he could not obtain the search warrant and he also apprehended that if he went to obtain search warrant the accused might come to know of it, and dispose of the contraband. He however telephonically informed the S.D.M., Arki and then proceeded to village Majiat. The S.D.M. also reached the village. The house of the accused was raided after associating two independent witnesses Sh. Balak Ram