JUDGMENT :

R.B. Misra, J. (Oral)

The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of Criminal Procedure in reference to judgment dated 13.11.1997, passed by Learned Additional Sessions Judge, Mandi, H.P., in Sessions Trial No. 15 of 1997, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'), acquitting the alleged respondent-accused.

2. The prosecution case is that on 5.2.1997, at about 12.30 A.M., PW.11 Shyam Lal, Head Constable, Incharge Police Post, Balichowki, in connection with routine patrol duty, was present at Zero point at Balichowki on Banjar Aut, State Highway. PW.10 Hem Chand Constable had been accompanying PW.11 at the time of patrol duty. PW.11 Shyam Lal, Head Constable had associated PW.1 Sat Pal, Parkash Chand son of Balbir and Parkash Chand son of Amar Singh as non official witnesses in the police party. It had been alleged that at about 12.30 A.M., on 5.2.1997, accused person was noticed coming towards Zero point from the side of Banjar. The accused person was in possession of one bag of red colour. At the sight of the police, accused person had