JUDGMENT :

R.B. Misra, J.

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 the judgment dated 29.8.2001 passed by the Learned Additional Sessions Judge, Solan in Sessions trial No. 6-S/7 of 2001, in reference to the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short called as 'ND&PS Act'), acquitting the alleged accused/respondent.

2. Prosecution case in brief is that on 5.12.2000 Sh. Ramesh Chauhan, SI, CIA Staff Solan along with ASI Virender kumar, HC Harnam no. 32, HC Ravinder Kumar No. 147 and Constable om Praksh No. 170 were present near Oachghat regarding verification of excise case where Shri. Chander Sheel Bhutani, Excise Traffic Inspector was also called. One Sh. Ajay Kumar was also associated in the raiding party, whereas, Chander Shhel Bhutani came at about 7.00 p.m. PW-1 Ramesh Chauhan had received a secret information that a person wearing dark blue color pant and a grey woolen jacket coming from Oachghat towards Solan was carrying charas in his possession. Such information as Ex. PW-1/A, was sent to Deputy Superint