JUDGMENT :

Satyen Vaidya, J.

Appellant­State of Himachal Pradesh has filed the instant appeal against the judgment of acquittal dated 27.12.2012 passed by learned Special Judge, Sirmaur District at Nahan, H.P. in case No. 30­ST/7 of 2010, whereby the respondent has been acquitted of charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. The prosecution had relied upon following facts:­

(i) On 04.06.2010, police officials, namely ASI Pritam Singh (PW13), HHC Tikka Ram (PW11) and Constable Rajneesh Kumar (PW­3) left Police Station Rajgarh at about 8.45 A.M. towards Kanesh, Sanora and Dhamandari etc., for routine patrol duty.

(ii) At about 6.30 P.M., police party noticed the presence of respondent at village Jagher, who was approaching the liquor vend with a bag held by him on his right shoulder. At the sight of police party, respondent got scared and tried to flee from the spot.

(iii) Police apprehended the respondent after entertaining a suspicion. Mohi Ram (PW­1) and Hari Chand (PW­9) were associated as independent witnesses.

(iv) Respondent was informed about his right to be searched in presence of a gazetted officer or Magistrate, howeve