JUDGMENT :

Rajiv Sharma, J.

This appeal is instituted against the judgment dated 9.6.2008 rendered by the Special Judge, Hamirpur in Sessions Trial No. 12 of 2007, whereby the respondent-accused (hereinafter referred to as the ?accused? for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been acquitted.

2. Case of the prosecution, in a nutshell, is that PW-10 Nek Ram was posted as Incharge, Police Post, Jahu. He alongwith Head Constable Kuldip Singh, Constable Kamaljit and Constable Bipan Kumar had laid a Naka on 15.2.2007 in front of Police Post, Jahu. They were checking the vehicles in routine. At about 11.10 P.M., a bus of Una Depot bearing registration No. HP-72-0163 came. It was intercepted. Police boarded the bus. Accused was sitting on seat No.16. He became panicky. He was ordered to get down from the bus alongwith two persons, who were sitting near his seat. He was informed of his legal right that he could offer his search before a Magistrate or a Gazetted Officer or a Police Officer. Accused gave consent on the memo Ex.PW- 1/A. He agreed to be searched by the police. On