Sanjay Karol, J.

Assailing the judgment dated 18.07.2008, passed by learned Special Judge, Kullu, H.P., in Sessions Trial No.1/06, titled as State v. Jasvinder Singh, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

2. It is the case of prosecution that on 01.01.2005, Head Constable Ranjeet Singh (PW.3) along with Constables Deepak Kumar (PW.1), Netar Singh (PW.2) and other police officials, was on patrol duty at Dhalpur Chowk. At about 01.15 AM (mid night), seeing the police party, accused who was coming from Circuit House side got perplexed and tried to flee away. Police officials saw him throw his handkerchief which he had taken out from the pocket of his pants. Ranjeet Singh (PW.3) after covering some distance apprehended him. Since no independent witness was present on the spot, Ranjeet Singh, by associating Constable Netar Singh (PW.2) and Head Constable Jai Krishan (not examined) conducted further investigation. Handkerchief thrown by the accused was picked up, its knot opened. Smack was found therein. Upon weighment it was found to be 9.5 grams. Two samples of one gram each were separated and sealed with