JUDGMENT :

Alok Kumar Verma, J.

Present Government Appeal has been filed against the judgment dated 21.10.2003, passed by learned Special Judge, Pithoragarh in Special Sessions Trial No. 05 of 1997, “State vs. Narendra Gwal”, by which, respondent-accused has been acquitted of the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “Act, 1985”).

2. The prosecution case, briefly stated, is that on 18.12.1996, Station Officer Amar Singh (PW4) had come for checking at Gauri bridge with Head Constable Ravindra Singh (PW1) and Constable Sate Singh. They were checking with Constable Suraj Pal Singh (PW3) and other police personnel. They saw a jeep, bearing Registration No.UP03- 2184, going from Dharchula towards Pithoragarh. That jeep was checked by them at around 9.15 hrs. Driver Mahendra Singh was driving of that jeep. Accused Narendra Gwal was sitting on the left seat of the said jeep. He had a bag in his lap. His name and address were asked. He told that he had charas in his bag. He was asked if he wanted to give his search before any Judicial Magistrate or Sub-Divisional Magistrate. He had expressed his desire to give his search before the Sub-D