Amar Bir Singh Gill, J.

1. This appeal has been filed by the State of Punjab against judgment of acquittal dated July 10, 1992 passed by Additional Sessions Judge, Hoshiarpur, by which Om Parkash respondent has been acquitted of the charge for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act").

2. The case against the respondent in the trial Court was that on October 2, 1991, while holding nakabandi by the police including Inspector Joginder Singh, Pritam Singh, Sarpanch and Iqbal Singh along with other police officials near Nasrala Choe Bridge, two persons were apprehended at about 4.00 a.m. who on noticing the presence of the police party tried to retreat their steps. On questioning, they informed that they were carrying charas in the Jhola. Inspector Joginder Singh immediately informed Sh. B.S. Grewal, Deputy Superintendent of Police, through wireless about the apprehension of two persons having charas in their possession who reached the place and also searched Om Parkash respondent and recovered 1 kg of charas from the Jhola in his possession. 10 grams of charas was separated as sample for the purp