Rajiv Sharma, J.

The State has come in appeal against Judgment dated 26.8.2009 rendered by learned Special Judge, Fast Track Court, Kullu, Himachal Pradesh in Sessions Trial No. 05 of 2009, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquitted.

2. “Key facts" necessary for the adjudication of the present appeal are that on 12.3.2008, at 6.20 PM, SI Om Parkash along with ASI Daya Ram, C. Nikka Ram and Home-guard Amar Singh reached near 15 Mile (name of place) on patrolling in official vehicle driven by C. Dinesh Kumar. Near the bridge on the National Highway 21, one young man was found standing. On seeing the police vehicle, he turned back and ran away towards village Batahar via bridge. He was apprehended. No independent witness was available. During the course of personal search of the accused one polythene envelope was recovered from the right pocket of his jacket. On checking of this polythene envelope, it was found containing charas in the shape