Per Sureshwar Thakur, Judge

1. The instant appeal is directed against the judgment of acquittal, rendered on 10.3.2008, by the learned Sessions Judge, Sirmaur District at Nahan, H.P., in Sessions trial No.07-ST/7 of 2005, whereby the respondent/accused has been acquitted for his having committed offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein-after referred to as ‘NDPS Act’).

2. The prosecution story, in brief, is that on 21.2.2004, at about 4:00 p.m., Incharge CIA Inspector N.S.Rathour (PW-11), along with HC Mujahir Khan, Constables Shamim Akhtar (PW-1), Hussain Singh (PW-4) and Kamal Khan (PW-9), was present at Miserwala, Tehsil Paonta Sahib in connection with detection of Excise and Narcotics cases when a secret information was received by PW-11 that accused Gulsher Mohammad has been dealing in narcotic drugs illegally at his Sweet Shop and used to sell Charas in small quantity to the customers, which he used to keep in the Sweets counter inside his shop. The reasons of belief comprised in Ext.PW-4/A, reduced into writing and were sent to SDPO, Paonta Sahib through Constable Hussan Singh. Accordingly, a raiding party