Sureshwar Thakur, J. - (1.) The instant appeal stands directed by the State of H.P. against the judgment of the learned Additional Sessions Judge, Solan, District Solan, Himachal Pradesh, rendered on 20.03.2002 in Sessions Trial No. 14- S/7 of 2001, whereby, the latter Court acquitted the accused/respondent of the offences punishable under Section 20-61-85 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "Act").
(2.) The facts relevant to decide the instant case are that on 12.01.2001 at about 5.55 a.m., si Brij Mohan along with H.C. Paramljit Singh, No. 79,C. Naresh Kumar, No. 138,C. Paramjit Singh No.345, C. Pankaj Negi No.238 and ASI Prithvi Raj, H.C. Amar Lal No. 62, C.Rajesh Kumar No.145 and C. Kishore Kumar No.237 were present at Parwanoo in connection with Nakabandi and Traffic Checking duty. At that time a maruti car bearing No. DL 6CA-7404 came there from the side of Shimla. On its being stopped by the police, it was found occupied by three persons including the driver. The car was searched by the police. During the course whereof, from beneath the back seat of the car one transparent "lifafa" was recovered which found carrying charas in different shapes. During the course of checking, one person while taking the advantage of the dark fled away from the spot. Thereafter, the charas so recovered was weighed and it was found to be 3 kg and 500 grams. Thereafter, other codal formalities were completed and the accused were arrested. Report of the FSL was procured. Statements of the witnesses were recorded.
(3.) On conclusion of investigations, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.;