JUDGEMENT/ORDER :

M.A. Chowdhary, J.

1. The appellant/State has filed a Criminal Acquittal Appeal against the judgment dated 08.02.2011 passed by the learned Additional Sessions Judge, Doda (for short 'the Trial Court') in case titled "State vs. Akhter Hussain" in File No. 63/Spl. Challan, arising out of FIR No. 109/2006 registered at Police Station, Doda for the commission of offence punishable under Section 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2. Respondent-Akhter Hussain (hereinafter 'accused') had been charge sheeted for the commission of offence punishable U/S 8/20 NDPS Act vide order dated 09.10.2006 by the Trial Court with the accusation that on 19.07.2006 he had handed over a nylon bag containing 4kg Charas (cannabis) concealed in maize cob sheaths under (karram) vegetables to a simpleton labourer Gani S/o Ramzan and his old servant Bashir Ahmed, who transported the same in an Auto to his house, however, the bag containing the cannabis was seized by the police at Nehru Chowk, Doda and in FSL test, the seized material was found to be Charas. Pleading innocence, the respondent denied the charge and claimed trial.

3. Prosecution in orde