Dharam Chand Chaudhary, Judge

Respondent Vijender Singh (hereinafter referred to as the ‘accused’) has been acquitted by learned Special Judge (II), Kinnaur at Rampur of the charge under Sections 20 of the Narcotic Drugs & Psychotropic Substances Act, 1986 (hereinafter referred to as “NDPS Act” in short) vide judgment dated 21.5.2011 passed in case RBT No. 24-AR/3 of 2009/2010. The State of Himachal Pradesh aggrieved by the acquittal of the accused has come up in appeal before this Court.

2. The accused belongs to District Sonipat (Haryana). He was booked by the police of Police Station, Kumarsain in a case under Section 20 of the NDPS Act registered on 15.12.2008 vide FIR No. 121/2008 with the allegations that at Kheker Nallah, when the search of the bag he was carrying on his right shoulder was conducted, Charas weighing 5Kgs 900 Grams was recovered therefrom.

3. The prosecution case as disclosed from the record in a nut shell is that on 15.12.2008 ASI Bhagat Ram (PW11), the investigating Officer was away to Sessions Court at Rampur to attend hearing in a bail application, listed there and for getting a challan prepared in some case from the District Attorney, Kinnaur at R