Sham Sunder, J.

1. This appeal is directed against the judgment dated 26.4.1995, rendered by the Court of Addl. Sessions Judge, Panipat, vide which it acquitted the accused (now respondent), for the offence, punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act. 1985 (hereinafter called as the Act only).

2. The facts, in brief, are that, on 1.11.1994, Mohinder Singh. ASI, of CIA Staff, alongwith other police of officials, was present near Bus Stand. Panipat, when the accused was seen coming out of the same (Bus Stand), carrying a bag, on his shoulder, who on seeing the police party, tried to slip away, but was apprehended on suspicion. On feeling smell of charas, Mohinder Singh, ASI, suspected that some narcotic substance, in the bag, being carried by the accused, was lying. A legal notice, in terms of Section 50 of the Act. was served upon the accused, as to whether, he wanted the search of the bag, to be conducted, in the presence of a Gazetted Officer or a Magistrate. The accused opted that he wanted the search of the bag to be conducted in the presence of a Gazetted Officer. O.K. Bhardwaj. DSP, was sent a message, who came to the spot. He also