JUDGMENT :

DEEPAK GUPTA, J.

1. This appeal by the State is directed against the judgment dated 2.12.2002 passed by the learned Sessions Judge, Kullu, in Sessions trial No. 59-02 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 NDPS Act). Briefly stated the prosecution story is that on 31.1.2002 PW-9 Inspector Shiv Chaudhary alongwith PW-4 ASI Baldev, ASI Mathru Ram, HC Gangbir Singh, H.C. Ranjit Singh, PW-2 HHC Santosh Kumar and constable Sukh Dev were present near Kalakendra, Kullu for the purpose of traffic checking. At about 6.15 p.m. a bus of Harison Travels bearing registration No. HP-01/2043 came from Manali side. It was going to Delhi. The bus was stopped and on checking a person was found sitting on seat No. 18. When the police party searched him he looked perplexed. The said person was having a bag on his lap. The driver of the bus PW-5 and conductor PW-6 were associated as independent witnesses. On inquiry the person sitting at seat No. 18 disclosed his name to be Hari Ram, the accused. Thereafter, the bag of the accused was searched and inside this b