Surinder Singh, J (Oral):

Respondent hereinafter referred to as ‘the accused was charge-sheeted, tried and acquitted for the offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985, in short “the Act” for allegedly keeping in his possession 5 kg of poppy straw in the bag on his scooter bearing registration No.PB-16-A 8447. The acquittal has been challenged by the State in the present appeal.

2. Heard and gone through the record.

3. In short, prosecution case, as emerges from the evidence on record, can be stated thus. On 24.6.2005 ASI Dharam Dass was heading a police patrol party and had put a naka at Dabhota Barrier for traffic checking. Around 6.30 p.m., scooter aforesaid came from Nalagarh side being driven by the accused. It was signaled to stop but the accused tried to escape, however, he was apprehended by the police party. Accused was carrying white coloured boru (bag) kept on the foot rest of the Scooter. It was searched in the presence of Chaman Lal and Dinesh Jain witnesses. The boru is found to have contained poppy straw (bhuki) of 5 kg without permit. Out of the recovered stuff, two samples of 200 grams each were separated for