Sureshwar Thakur, Judge

The instant appeal is directed by the State, against the impugned judgment, rendered on 31.12.2007 by the learned Special Judge, Bilaspur, Himachal Pradesh in NDPS case No. 11 of 2004, whereby, the learned trial Court acquitted the accused/respondent for his having committed offences under Sections 20 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Brief facts, of the case are that on 3.3.2004 ASI Deep Ram along with ASI Mohinder Singh, H.C. Nanak Chand, H.C. Jasbir Singh, Constable Ram Singh and LC Nirmla Devi of CIA Staff, was on patrol duty near Jamli. At about 4.30 p.m., a secret information was received that accused Gabber Singh, who runs a dhaba at Jamli deals in the business of charas and afeem (opium) in his dhaba. This information was reduced into writing and sent to the higher Police Officer at Bilsapur through constable Ram Singh. Thereafter, a raiding party was constituted in which independent witnesses, namely, Ghunger Ram and Prem were associated. When the raiding party visited dhaba of the accused, he was found there. He was informed in writing about the information that he was in possession of sufficient qua