JUDGMENT :

Sanjay Karol, J.

1. Assailing the judgment dated 1.7.2014, passed by learned Special Judge, Bilaspur, H.P., in Sessions Trial No. 2/3 of 2010, titled as State of Himachal Pradesh v. Surender Kumar and another, whereby respondents- accused stand acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

2. It is the case of prosecution that on 2.10.2009 police party comprising ASI Ram Saran (PW-1), HC Madan Lal (PW-2), Constables Yash Pal, Ram Pal and Sanjiv Kumar (all not examined) and headed by SI Chaman Lal (PW-11) had set up a naaka at a place known as Sungal on National Highway No. 21. At about 12.15 p.m. accused came on a scooter bearing registration No. HP 31 1764 from the Ghagus side. Seeing the police party accused Surender Kumar stopped the scooter and along with pillion rider Jiwan Kumar ran away from the spot after parking the same on the road. Noticing the same, police party apprehended the accused and checked the scooter. From the netted basket, one polythene envelop containing charas was recovered. HC Madan Lal brought scale and weights from the shop of Rattan Chand (PW-3) and upon weighment, cont