P.K.JAIN, J.

1. This appeal has been preferred by the State of Haryana against the judgment dated 4-7-1991 passed by the Additional Sessions Judge, Hissar, whereby the respondent has been acquitted of the charge framed under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

2. The facts necessary for the disposal of this appeal, which can be gathered from the record of the Trial Court are, that on 16-1-1990 S.I. Sukhraj Singh (S.H.O. Police Station Tohana) along with his companions was going towards village Bhimewala for the investigation of a murder case. Near the crossing of Tohana, certain police officials on patrolling duty joined them. One Surjit Singh son of Narang Singh who happened to pass thereby, was also taken by the police party with it. On the metalled road at the turning of Bhimewala, the respondent was sighted having a bag in his right hand coming from the side of Surewala chowk. On seeing the police gypsy, he turned towards his right and hid himself behind a room constructed at bus stand Bhimewala. On suspicion the respondent was overpowered and detained. S.I. Sukhraj Singh expressed his suspicion th