JUDGMENT :

1. The State has filed the present appeal filed under Section 378(3) of the Code of Criminal Procedure against the judgment dated 28.02.2011 passed by the learned Special Judge, Chamba, District Chamba, H.P. (hereinafter referred to as the ‘trial Court’).

2. By way of judgment dated 28.02.2011, the learned trial Court has acquitted the respondents (hereinafter referred to as the ‘accused persons’) from the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’).

3. Brief facts, leadings to the filing of the present appeal, before this Court, may be summed up as under:-

On 19.06.2010 ASI Vinod Singh, Incharge, Police Post, Sultanpur has forwarded a ‘Rukka’ to the Police Station Chamba disclosing therein that he, alongwith other police officials, was on picketing and traffic checking duty and was present at “Bhataluan bridge”. When, he was checking the vehicles, then, at about 3.30 p.m. one scooter was noticed, being driven by its driver, coming there, from Chamba side.

3.1 Apart from the driver, one pillion rider was also there on the scooter. On seeing the police party, the driver stopped