Prafulla C. Pant, J.:—

This appeal, preferred under section 378 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judg#31;ment and order dated 11.03.1999, passed by IInd Additional Sessions Judge, Hardwar, in Special Sessions Trial No. 07 of 1996, and Special Sessions Trial No. 09 of 1996, whereby said court has ac#31;quitted the accused/respondents Harbinder and Pradeep, from the charge of offences punishable under section 8/20 of Narcotic Drugs and Psychotropic Substances, Act, 1985, (for short N.D.P.S. Act).

2. Heard learned counsel for the ap#31;pellant, and learned counsel for the re#31;spondents, and perused the lower court record.

3. Prosecution story, in brief, is that PW1 Sub Inspector Mahesh Chand alongwith PW2 Constable Ram Kishore Sharma and some other constables, were on patrol duty and at about 20.50 hours in between Brahampuri and Nirmala Cantt., started checking the vehicles. From the side of Jwalapur a two wheeler vehicle bajaj scooter make Chetak bearing regis#31;tration no. UP10A8871 was seen coming with two riders. It was stopped and driving license etc., were demanded from accused/ respondent Harbinder, who was driving the two wheel