Surinder Singh, J. (Oral) Acquittal of the respondent recorded by the learned trial Court has been challenged by the State in the present appeal for offence publishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short ‘the Act’ for allegedly keeping in possession 300 grams of charas from the Dickey of his Scooter.

2. Heard and gone through the record of the case.

3. In short, prosecution story can be stated thus. On 7.9.2001, police party headed by PW1 3 ASI Satish Kumar was on traffic checking out side Police Post Jahu on the Highway. In the meantime respondent came driving his Scooter bearing Registration No. HP-31-2085. At that time it was around 6.25 p.m. He was stopped and PW13 ASI Satish Kumar started checking his documents and also asked about his antecedents. He disclosed his identify. At that time, PW1 Surat Singh and PW2 Surinder Kumar both were having Scooter, were present and police had been checking their document also. Thus in the presence of PW1 and PW2 aforesaid, respondent was asked to open the dickey of his scooter and police recovered a polythene bag containing 300 grams of charas in the presence of the aforesaid alleg