JUDGMENT :

Deepak Gupta, J.

This appeal by the State is directed against the judgment dated 4.10.1999 passed by the learned Special Judge, Kullu, Himachal Pradesh in Sessions Trial No. 42 of 1998 whereby he acquitted the accused of having committed an offence punishable u/s 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

2. The prosecution story in brief is that Inspector Jagdish Chand (PW-11) at the relevant time was posted as S.H.O. in Police Station, Banjar. On 19.8.1998 he received secret information in the police station through telephone that two persons are coming in a bus from Bathahar side and it is suspected that these persons are carrying charas. PW-11 made entry in the daily diary (Ext. PA) and also sent the information to Superintendent of Police, Kullu vide Ext. PB. Thereafter he constituted a raiding party with other police officials and went to the bus stand at Banjar. Two independent witnesses Sh. Dyal Singh and Sh. Jhabe Ram were also associated during investigation. At about 3.30 p.m. one bus came from Bathahar side. Two persons came out of the bus out of whom one was empty handed. The accused present in the Court