Rajiv Sharma, J.

The State has come in appeal against Judgment dated 13.3.2012 rendered by the learned Special Judge-II, Solan, District Solan, Himachal Pradesh in Sessions Trial No. 13-S-7 of 2012/2010, 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 by the learned trial Court.

2. Prosecution case, in a nutshell, is that on the intervening night of 5/6.1.2010, a police party headed by ASI Santosh Kumar, the then Incharge, Traffic Barrier, Parwanoo started routine checking of vehicles passing through barrier. At about 12.15 AM (night) on 6.1.2010, a Haryana Roadways bus bearing registration No. HR-63-A-8394 came from Shimla side proceeding to Delhi. It was stopped for checking. Accused was travelling in the bus on seat No. 23. One more passenger was also sitting on the said bench. Accused had kept a Pithoo bag in between his legs. It was checked. It contained a packet wrapped with brown tape. One portion of the said packet was opened. It contai