Anant S. Dave, J.

1. The State of Gujarat has preferred this Appeal under Section 378 [1] (3) of the Code of Criminal Procedure, 1974 {"CrPC" for short} against the order of acquittal dated 21st April 2005 of the respondents herein for the offence punishable under Sections 20 (b), 8 (c) read with Section 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 {"Act" for short} passed by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No. 159 of 2001.

2. The brief facts necessary to dispose of this Appeal are that on 11th June 2001, the Superintendent of Police, Narcotic Control Bureau, CID Crime received a secret information that one Abdulgani Abdulrasul Bhatt, a resident of Jammu & Kashmir has rented a Flat No. 11 in Karnavati Avenue, Near CTM Cross-roads possesses huge quantity of 'Charas'. On the basis of this tip-off, the Superintendent of Police summoned Dy. SP-Shri Pandey of Narcotic Drugs & Psychotropic Substances Cell for arranging a raid. Accordingly, Dy. SP raided the said premises with his subordinate officers and recovered 26 kgs & 400 grams of 'Charas' packed in different packets from the said flat. The police party also seized currency notes worth Rs. 1 lac. On inquiry, accused-Abdulgani Gulamrasul Bhatt informed that 10 kilograms of 'Charas' had already been sold off to one Allarakha Uasmanbhai Shaikh, resident of Chandola Lake, Ahmedabad. On the basis of this information revealed from the accused, the police personnels carried out raid at the premises of Allarakha Shaikh from where, 1 kg and 600 grams of 'Charas' was recovered. After following the due procedure as laid down under the law, the said contraband was seized and sealed by the raiding party, and thereafter, they had also raided premises of one Yasinkhan Anwarkhan Patan from where 130 grams of 'Charas' contained in 48 small packets was recovered.

3. After due investigation into the matter, all the accused were charge sheeted to stand trial for the offence punishable under Sections 8 (c), 20 (b) read with Section 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

4. At trial, the accused pleaded not guilty and claimed to be tried. Therefore, the prosecution examined in all 10 witnesses to substantiate the charges levelled against the respondents-accused. At the behest of the defence, three witnesses viz., Butabhai Radhjibhai Rabari, V. Shrivanas and Mohammed Ramzan were also examined by the Court at Exh. 148, 171 and 157 respectively. Further statements were also recorded of all these three respondents-accused where also they have denied the incriminating evidence led by the prosecution.

5. On the strength of oral as well as documentary evidence led by both the sides and after elaborately dealing with the submissions advanced, and considering the law on the subject, the learned trial Judge by elaborate judgment, gave benefit of doubt and thereby acquitted all the respondents herein, giving rise to filing of this Appeal by the State.

6. Heard learned advocates appearing for the respective sides.

7. Learned APP Ms. Moxa Thakker appearing for the appellant-State assailed the impugned judgment and order of acquittal on the ground that the same being contrary to law and against evidence available on the record. She urged that the learned trial Judge has erred in giving benefit of doubt to all the accused when the prosecution has followed all the provisions of the Act and ought to have considered the fact that the contraband articles 'Charas' weighing 26 kilogram were recovered from the conscious possession of the accused. According to the learned APP, the said huge quantity of charas recovered from the accused falls under 'commercial quantity' and therefore, the learned trial Judge ought to have considered this aspect and convicted the accused for the offence alleged. Learned APP drew attention of this Court to the evidence of witness-Sidhrajsinh Gulabsinh Bhati [Exh. 107] and Parasnath Shivmandir Pandey [Exh. 56] to cont