This appeal under Section 378 of the Code of Criminal Procedure (for short ‘Code’) by the State assailing the acquittal order passed by learned Special Judge, Chamba Division, Chamba, H.P. in Sessions Trial No.34 of 2009 held under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short NDPS Act).

2. The prosecution story which emerges from the record is that on 10.7.2009 H.C. Kartar Singh (PW-8) alongwith H.C. Subhash Chand, HC Roop Singh, Constable Anuj Kumar (PW-1), Constable Sanjay Kumar 9PW-3) and LHC Uttam Chand were present at Bonkhri Morh at about 12.05 PM and Sadhu Ram (PW-2) and one Pawan Kumar met them at that place. The respondent came there on foot and on seeing the police party, tried to run back but was nabbed on suspicion. The option was given to the respondent vide memo Ext.PW-1/A and the respondent opted to give his search to the police and thereafter all the police officials and two independent witnesses gave their personal search to the respondent vide memo Ext.PW-1/B, but nothing incriminating was found.

3. The further case of the prosecution is that the personal search of the respondent was conducted and one Polythene