Important Point-In appeals against acquittal the appellate court is not required to rewrite the judgment or give to give fresh reasoning.

1. The appellant State of Gujarat has preferred the present appeal under section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 16.1.2006 rendered by learned Additional Sessions Judge, Court No.16, Ahmedabad in Sessions Case No.64 of 2004.

2. The short facts giving rise to the present appeal are that on 6.11.2003 Subedar Laxmanbhai Vashrambhai Parmar was discharging his duty in chhota chakkar of Sabarmati Central Jail, at that time, one prisoner Nazir Vora informed him that the contraband article is there and requested to investigate. It is alleged that barrack was raided and during the raid, they went in 3/3 kholi and respondents were searched; the jailor was contacted by walky-talky message; the panchnama was made; the plastic bag was containing black coloured article; the quantity was very less; the said article was sent to FSL. It is alleged that the report of the FSL shows that it was brown sugar. Accordingly, the complaint came to be registered against the accused.

3. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.

3.1 In order to bring home the guilt, the prosecution has examined the witnesses and also produced documentary evidences.

3.2 At the end of the trial, after recording the statement of the accused under section 313 of the CrPC and hearing the arguments on behalf of the prosecution and the defence, learned trial Court delivered the judgment and order, as stated above.

4. Being aggrieved by the same, the appellant State has preferred the aforesaid Criminal Appeal before this Court.

5. By way of preferring the present appeal, the appellant has mainly contended that learned trial Court has failed to appreciate the evidence on record and wrongly recorded the order of acquittal. It is further contended that learned trial Judge has not appreciated the evidence on record in its proper perspective and in fact, there was no appreciation of evidence so far and hence, the impugned judgment and order of acquittal is required to be reversed, as such.

5.1 Mr. L.B. Dabhi, learned APP appearing for the appellant State has reiterated and urged the grounds mentioned in the memo of appeal. Learned APP has taken this Court through the paper-book and evidence on record and argued that as both the respondents accused were inmates as under trial prisoners in Sabarmati Central Jail and were kept in kholi No.3/3 and on 6.11.2003 in the early morning itself, it was noticed that both the accused are under the influence of intoxication, due to which, on having personal search and kholi No.3/3, small pill of heroin was recovered and both the accused were caught redhanded and the same has also been deposed by the persons in whose favour search and seizure was made, though learned trial Court has wrongly not believed their evidence and given benefit of doubt as if mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act 1985 (“the Act” for short) are violated. In his submission, therefore, learned trial Court ought to have convicted the accused and hence, learned trial Court has failed to appreciate the evidence on record and wrongly recorded the judgment of acquittal which is required to be reversed and the respondents are required to be convicted, as such.

6. On the other-hand, Mr. Khambholja, learned advocate for the respondents accused has taken this Court through the entire evidence on record and submitted that the impugned judgment and order passed by the learned trial Judge is just and proper. Mr. Khambholja further submitted that though raiding party alleged to have recovered small pill of heroin but there appears no uniformity amongst the members of the raiding party as to whether the same was recovered from pant which was found in hanging condition over