Vivek Singh Thakur , J.

State has preferred present appeal against judgment dated 8.12.2011 passed by Special Judge, Kullu, H.P. in Sessions Trial No. 46 of 2010 dated 12.9.2010 under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act), registered at Police Station Bhuntar, District Kullu, H.P., vide which respondent stands acquitted.

2. Prosecution case is that on 12.9.2010, PW-13 ASI Ram Lal along with PW-7 Constable Dhameshar Singh, PW-8 LHC Narpat and other police officials LHC Kishori Lal, Constable Subhash, Constable Jitender and Constable Kashmir Singh, being members of Special Investigation Team (SIT), had set up a naka at place Bhadyoli on a road from Hurla to Bhadyoli. At about 12.30 P.M. respondent was seen by police party coming down from hill side with a rucksack bag with him, who tried to escape from the spot on noticing police party, which raised suspicion of having in his possession some stolen or illegal articles and therefore, he was nabbed by police party. As the place was secluded one and no independent witness was available, PW-13 ASI Ram Lal associated PW-8 LHC Narpat Ram and PW LHC Kishori Lal (not examined) as witn