In appeals against acquittal, the appellate court must respect the presumption of innocence and only intervene when the trial court's findings demonstrate clear legal error or perverse reasoning.

JUDGMENT :

Rakesh Kainthla, J.

1. The present appeal is directed against the judgment dated 07.09.2012 passed by learned Special Judge, Kinnaur, Sessions Division at Rampur Bushahr, District Shimla, H.P., (learned Trial Court) vide which, the respondents (accusedbefore learned Trial Court) were acquitted of the commission of offences punishable under Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 18 and 20 of the NDPS Act. It was asserted that ASI Karam Chand (PW13), HHC Rama Nand (PW2), HC Ram Sain (PW1), HHC Roshan, Constable Surinder, and Constable Atma Ram were present at Kepu near Sainj in an official vehicle bearing registration No. HP-07A-0605,which was being driven by Constable Gopal. They were checking the vehicle bearing registration No.HP-01A-2911, when a Maruti Car bearing registration No. HP-35-0212 came from Rampur. The driver of the car tried to reverse it after seeing the police. ASI Karam Chand stopped the car at a distance of 8-10 feet. The driver revealed his name as Pratap Chand and the persons sitting beside him revealed his name as Dayal Singh. The driver could not be give any satisfactory answer for reversing the vehicle. Ram Lal (PW9) and Praveen Kumar (PW8), who were sitting in the vehicle bearing registration No. HP-01A-2911 were requested to become witnesses. The car bearing registration No. HP-35-0212 was searched in their presence and in the presence of police officials. One backpack (Ext. P2) was found near the handbrake between the driver and the passenger seat. The backpack was checked, and it was found to be containing seven transparent packets. The police checked the packets and found cannabis in the form of spheres and sticks in five packets and opium in two packets. The charas was weighed, and its total weight was found to be 6 kgs. The opium was weighed, and its total weight was found to be 550 grams. The charas was put in the five packets in the same manner in which it was recovered. Packets were put in the backpack, and the backpack was sealed in a cloth parcel. The opium was also put in the packets in which it was recovered. The packets were put in a cloth parcel. Each parcel was sealed with four impressions of seal ‘H’. The sample seal (Ext. PW1/B) was taken on a separate piece of cloth. NCB-I form (Ext. PW4/B) was filled in triplicate, and the seal was handed over to Ram Lal after the use. The case property was seized vide memo (Ext. PW1/A). Rukka (Ext. PW1/C) was prepared and sent to the Police Station where FIR (Ext. PW3/D) was registered. The investigations were conducted by ASI Karam Chand (PW13),who prepared the site plan (Ext. PW13/A) and recorded the statements of witnesses as per their version. He arrested the accused vide memo (Ext. PW1/B). He handed over the case property to ASI Surinder Pal (PW4), who re-sealed the parcel with three impressions of seal ‘S’. Specimen seal ‘S’ (Ext. PW4/A) was taken on a separate pie