Judgment :

Sanjay Dhar, J.

1. Instant appeal is directed against the judgment of acquittal dated 30.04.2011 passed by the learned Special Judge (Additional Sessions Judge), Jammu (hereinafter referred to as the ‘trial Court’) in the case titled ‘State vs Mohinder Singh and anr’ arising out of FIR No.101/2003 of Police Station, Gandhi Nagar, Jammu for offence under Section 15 of NDPS Act.

2. Briefly stated, the case of prosecution is that on 03.04.2003, the police of Police Post, Nehru Market, Jammu received a source information that the respondents/accused are trading in poppy straw at Bus Stand, Nehru Market, Jammu and that they are in possession of poppy straw. The report was entered into the concerned register and a docket was sent to the Police Station, Gandhi Nagar, Jammu for registration of a case. Accordingly, the aforesaid FIR came to be registered.

3. The Investigating Officer Harminder Singh along with ASI Chaman Lal and other police officials proceeded to spot and they apprehended the respondents/accused. They were served with a notice in terms of Section 50 of NDPS Act seeking an option from them with regard to their search. The respondents/accused opted to get themselves