Vivek Singh Thakur, Judge

The State of Himachal Pradesh has preferred this appeal against a judgment dated 18.03.2015, passed by Special Judge Mandi, District Mandi in Session trial No.17/2010 titled as State of H.P. Vs Desh Raj in case FIR No. 277/2009, dated 02.12.2009, registered in Police Station Jogindernagar, District Mandi (Ex. PW-11/B) under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), whereby respondent accused has been acquitted of the charge under Section 20 of NDPS Act.

2. The prosecution case is that a police party led by PW-10 SI Dharm Singh consisting Head Constable Chander Shekhar (PW-11) Home Guard Suresh Kumar (PW-4), Home Guard Subhash Chand, and Home Guard Rawat Singh left the police station at 2:30 PM on 2.12.2009 in official vehicle HP-33-6973 being driven by HHC Kuldeep Singh (PW-6) for patrolling in the jurisdiction of Police Station Jogindernagar after recording their departure in GD Entry No.26 (A) daily station diary Ex.PW-5/A.

3. It is further case of the prosecution that aforesaid police party set-up a nakka at about 04:00 PM on National Highway 20 at a place half Km from Galu for checking vehicles and pedestrians, and wh