Ajay Mohan Goel, J.

1. The present appeal has been filed by the State against judgment dated 6.4.2009 passed by the Court of learned Special Judge, Mandi in Sessions Trial No. 2 of 2006, vide which the learned Trial Court has acquitted the accused for the commission of offence under Section 20 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (in short the ‘Act’).

2. The case of the prosecution, in brief, was that on 4.3.2005 HC Ram Lal, CIA staff Mandi, accompanied by Constables Sant Ram, Tara Chand and Vidya Sagar and Bhagmal Constable of Security Branch, Mandi were present, near under construction power bridge at Larji. A person came from Larji side and on noticing police, he took out a poly bag from the pocket of his jacket and threw the same towards Beas River. However, the poly bag fell on the bridge and he fled towards Larji. He was chased and apprehended. The poly bag which was carried out by him was checked in the presence of witnesses Jagdish Kumar and Tara Chand. From the said bag, charas was recovered and on weighing, it was found to be 1 Kg. Out of the recovered charas, two samples of 25 grams each were separated and sealed with six seals of ‘T’ and bulk