P.S. Rana, J.

Present appeal is filed by the State under Section 378 of Code of Criminal Procedure 1973 against the judgment passed by learned Special Judge Fast Track Court Mandi under Narcotic Drugs and Psychotropic Substances Act in Sessions Trial No. 21 of 2007 titled State of Himachal Pradesh vs. Shesh Ram.

BRIEF FACTS OF THE PROSECUTION CASE:

2. Brief facts of the case as alleged by prosecution are that on dated 6.11.2006 at 3.45 PM at road Katipari near Padhar District Mandi (H.P.) accused was found in exclusive and conscious possession of 1 Kg. of opium. It is alleged by prosecution that accused was coming from Ghoghar Dhar side towards Padhar carrying one polythene envelope in his right hand and when he saw the police officials he turned back and tried to escape. It is alleged by prosecution that thereafter accused was nabbed by police personnel with the help of PW1 Halku Ram and PW2 Biri Singh who were present at the spot by chance. It is alleged by prosecution that on suspicion of having committed criminal offence PW9 HC Prem Pal obtained consent of accused i