Surjit Singh(Oral)-State has appealed against the judgment dated 21.8.1995 of learned Additional Sessions Judge, Shimla, whereby respondent Prem Singh, who was charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been acquitted.

2. Case of the prosecution is that on 26.12.1994 when PW5 A.S.I. Kishan Singh along with Head Constable Karanjeet Singh was present in the area of New Shimla, he spotted the respondent, who on seeing the police tried to withdraw and run away. He was overpowered on suspicion that he might be carrying some narcotic drugs or psychotropic substance. His consent was obtained for effecting his personal search. During the course of his search, charas, which he had concealed inside the sweater worn by him, was recovered which weighed 1.250 Kgs. Two samples weighing 10 grams each were separated. Samples and recovered stuff was made into separate parcels and the same were sealed with a seal which produced the impression of letter “H” of English alphabet. One sample was sent to the Chemical Examiner, who opined that the sample was of charas as it contained cannabis resin to the extent of 35.36%.