The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn an acquittal.

JUDGMENT :

Sushil Kukreja, J.

1. The present appeal has been preferred by the appellant-State under Section 378 of the Code of Criminal Procedure (Cr.PC) against the judgment of acquittal dated 26.02.2015 passed by the learned Additional Sessions Judge-cum-Special Judge (CBI), Shimla, H.P., in Sessions Trial No. 11-T/7 of 2013/12, whereby the accused (respondent herein) was acquitted of the offence punishable underSection 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the ‘NDPS Act’).

2. Briefly stated the facts of the case, giving rise to instant appeal as per the prosecution story, are that on 07.01.2012, a police party headed by ASI Vijay Kumar was on patrolling duty towards Balag Kainchi-Basadhar road and when the said police party was present 300 metres ahead of Balag Kainchi towards Basadhar at about 6:05 PM, a person was noticed coming from Kashna/Basadhar side, who was carrying a red coloured bag in his right hand. On seeing the police party, the said person got perplexed and turned back and then tried to run way, but he was nabbed by the police on suspicion for having some incriminating substance including narcotic drugs in his possession. Thereafter, on inquiry, he disclosed his name as Pratap Singh (accused herein). Since it was an isolated place and there was no habitation nearby to associate any independent witness, as such, HC Manoj Kumar and Constable Varun Joshi were associated as witnesses in the proceedings by the Investigating Officer ASI Vijay Kumar. Thereafter, the bag being carried by the accused was searched and on opening the same, a transparent polythene envelope was recovered, which was containing a black coloured substance in the shapes of ball, stick and chapati and on the basis of experience, it was found Charas/cannabis. On weighment, the recovered contraband was found to be 3.750 KGs. Thereafter, the police completed all the codal formalities, viz., recovered contraband was repacked in the same manner and then put in a cloth parcel, which was sealed with 18 seals of seal impression ‘A’. The personal search of the accused was also conducted, but nothing incriminating was found. Sample seal was separately taken on a piece of cloth. NCB form, in triplicate, was filled and seal after use was handed over to Constable Varun Joshi. Thereafter, the Investigating Officer prepared the rukka and sent the same through Constable Rajeev Patial to the police station, on the basis of which, FIR in question was registered against the accused. The Investigating Officer also recorded the statements of the witnesses and prepared the spot map. The accused was arrested and got medically examined. The cloth parcel, containing the recovered contraband, was handed over to SHO, who, after checking the entries, re-sealed the same with 12 seals of seal impression ‘M’ and deposited the case property in the Malkhana. Special report was also prepared and delivered to the ASP City, Shimla. The case property was sent to FSL, Junga for analysis.

3. On the completion of the investigation and receipt of the SFSL report, the charge-sheet was prepared and presented before the Trial Court.

4. The learned trial Court, vide order dated 28.05.2013 framed charges against the accused under Section 20 of NDPS Act, to which he did not plead guilty and claimed trial.

5. The prosecution, in order to prove its case, examined 10 witnesses. Statement of the accused under Section 313, Cr.PC was recorded, wherein he denied all set of incriminating evidence led by the prosecution against him, besides pleaded to be innocent and that he was illegally detained at