JUDGMENT :

Sanjay K. Agrawal, J.

1. This acquittal appeal under Section 378 (1) of CrPC is directed against the impugned judgment dated 27/08/2008 passed by learned Special Judge (NDPS Act), Jagdalpur by which the respondent herein has been acquitted from the charge punishable under Section 20(b)[ii-(c)] of Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter, 'the Act of 1985') holding that the prosecution has failed to bring home the offence in question.

2. The case of the prosecution, in brief, is that on 17/02/2008, at about 05:50 PM, on the way of Village Dhobiguda at N.H.43, the respondent was riding his motorcycle Hero Honda Splender bearing No. CG 10 ZJ/9176 having 20 kgs of ganja which was recovered from his possession punishable under Section 20(b)[ii-(c)] of the Act of 1985.

3. Further case of the prosecution, in brief, is that on 17/02/2008 at about 03:30 PM, Sub-Inspector Vivekanand (P.W.4) posted at Police Station Kotwali, Jagdalpur received information through telephone that two persons are riding on a motor cycle and they are carrying ganja to sell in Raipur. The said information was registered in Roznamcha Sanha No. 44 (Ex. P/20) and thereafter, at about 03:55 PM, he called Constable Moti Verma and two witnesses namely Raghunath (P.W.1) and Amar Dewangan (P.W.2) in the Police Station which was registered in Sanha No. 46 (Ex. P/21). The witnesses were told about the information received from the informant and Informer Panchnama (Ex. P/1) was prepared. Pursuant thereof, search warrant (Ex. P/2) and Crime Intimation panchnama (Ex. P/3) were prepared and the copies of Exhibits P/1, P/2 and P/3 were sent by Constable Moti Verma to the office of C.S.P., Jagdalpur which was mentioned in Ex. P/21. Sub-Constable Vivekanand (P.W.4) at about 04:05 PM, proceeded towards the place of occurrence along with witnesses Raghunath and Amar Dewangan which was registered at Roznamcha Sanha No. 47 (Ex. P/22) and intercepted the respondent herein who was riding his bike Hero Honda Splender bearing No. CG 10 ZJ/9176 along with one boy who was sitting behind him and between them, they were carrying a plastic bag. At about 04:30 PM, Sub-Inspector Vivekand (P.W.4) issued notice to the respondent under Section 50 of the Act of 1985 for searching the plastic bag vide Ex. P/4. The respondent agreed to the notice in writing. Thereafter, at about 05:00 PM, Sub-Inspector Vivekanand (P.W.4) found some objectionable material which looked like ganja from the plastic bag that the respondent was carrying on his motorcycle. Search Panchnama (Ex. P/6) and Recovery Panchnama (Ex. P/7) were prepared on the spot and notice under Section 91 of CrPC was given to the respondent (Ex. P/23) and the substance seized was identified as ganja by Rambhagat Tiwari (Ex. P/8) and it was weighed and found to be 20 kgs (Ex. P/11). Two packets of 25 gms each of ganja were prepared and after sealing them they were sent for chemical analysis and other formalities were completed. The FSL report was received vide Ex. P/28 in which the seized substance was found to be ganja. Thereafter, the respondent was chargesheeted for offence punishable under Section 20(b) of the Act of 1985. The appellant/accused abjured his guilt and entered into defence.

4. In order to bring home the offence, prosecution examined 4 witnesses and brought into record 29 documents. Statement of the respondent/accused was recorded wherein he denied guilt but he examined none in his defence.

5. Learned Special Court (NDPS Act), upon appreciation and evaluation of oral and documentary evidence on record, acquitted the respondent from the aforesaid charge holding that prosecution has failed to bring home the offence against which this acquittal appeal has been preferred by the appellant/State.

6. Mr. Ashish Tiwari, learned Government Advocate for appellant/State, would submit that learned Special Court is absolutely unjustified in acquitting the respondent herein from the aforesaid charges by recor