1. The State has preferred this appeal under Section 378 of the Criminal Procedure Code. against the judgment dated 30.6.1995, passed in Sessions Trial No. 459/94. by sixth Additional Sessions Judge. Ujjain against acquittal of the respondent under Section 8 read with Section 20(h) (ii) of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to 'NDPS Act').

2. The brief facts of the case as found by the trial Court are that on 7.101994. Shri N.S.Chandrawat. Station House Officer, Central Police Station Kotwali. Ujiain received information through an informant that one person is going from Nazar Ali bus-stand to Kanthal area alongwith 'Charas'. The information was recorded in 'Rojnamcha sanha'. and was sent to Shri K.B. Bundels. C.S.P. in writing. It is alleged that pursuant to this when police party reached near Mankamneshwar Mandir. they found a person alongwith attache there. At that time C.S.P. Bundela also reached there. The person was stopped and asked for his search. He was told that he could get himself searched before a magistrate or a Gazetted officer. The prosecution alleges that Ram Kumar contended that he preferred to he searched by C.S.