K.S.KUMARAN, J.

1. Om Prakash, son of Budh Ram, who faced trial before the Addl. Sessions Judge Faridkot in Sessions Case No. 10 of 3-3-1990 on a charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) was acquitted by the learned Addl. Sessions Judge, aggrieved by which the State of Punjab has come forward with this appeal.

2. According to the prosecution, ASI-Darshan Singh (P.W. 1) along with Head Constable-Ajaib Singh (P.W. 1) and other officials of Police Station Sadar, Muktsar, was returning from Ramgarh Chunga, Madrassa, to the police station after patrolling the village Chak Madrassa Bamgarh Chunga on 2-9-1988. When they reached near the Sem Nala, accused-Om Prakash was seen coming from the side of the Madrassa, and on seeing the police jeep, he immediately sat down towards his left side as if he was urinating. On suspicion, ASI-Darshan Singh with the help of the accompanying officials, caught hold of him and enquired him ASI-Darshan Singh informed him that he was to conduct his personal search and asked if he was desirous of having his personal search conducted in the presence of a magistrate or a gaz