In an appeal against acquittal, the appellate court should not interfere unless the trial court's view is perverse or impossible; where the trial court's finding is plausible based on the evidence, the double presumption of innocence in favor of the accused must be maintained.

1. This is an application under Section 419 (4) of the Bhartiya Nagarik Suraksha Sanhita, 2023 , filed by the Govt. of India/applicant for grant of leave to file acquittal appeal, and calling the legality and correctness of the judgment of acquittal dated 20-11-2025 passed by the learned Special Judge (NDPS Act), Durg (C.G.) in Special (NDPS Act) Case No. 27/2025 (Union of India v. Debakishor and Others), whereby the respondents/accused persons have been acquitted of the charge under Section 20 (b) (ii) (B) read with Section 29 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “NDPS Act”), arising out of Crime No. 01/2025 registered at Police Station Narcotic Control Bureau, Raipur, District Raipur.

2. The prosecution’s case in brief is that on 04-03-2025, the Inspector of the Narcotics Control Bureau, Regional Office, Raipur, received an order for a search campaign on the Puri-Durg Express train, its general and sleeper coaches, between Raipur and Durg, along with the RPF team. In compliance of the order, the joint team of Manish Kumar (P.W. 2) and the RPF team of Durg post boarded the Puri-Durg express train No. 18425, from Raipur Railway Station. While checking, when they reached the S-3 Bogie of the train, they found two suspected persons. On interrogation, they disclosed their names as Debakishor Padhan and Jaimangal Padhan. They also disclosed that they are having 2 bags in which they kept Ganja. The said train reached at Durg Railway Station at platform no. 1 at 12.35 PM, and then the police called two witnesses, Narad Sahu and Dhanraj.

3. The notices Ex. P-8 and P-9 were given to the accused persons, and they gave their consent that they are ready to undergo a search by the police authorities. The NCB and RPF team have also given their own search to the accused persons, but no incriminating articles were seized except the articles required for the search and seizure proceedings. The bag of the accused Debakishor Padhan was searched, in which 6 packets wrapped with brown-coloured tape were recovered. The bag of Jaimangal Padhan was also searched, which also contained 6 packets wrapped with brown-coloured tape. In another bag of Jaimangal Padhan, a Ganchha and a jacket were found. Since the place was full of people and rushed there, for convenience, they have taken to the RPF post, Durg, with their consent.

4. The small quantity of contents of all the packets was taken out, and after examination by the drug detection kit, the positive result of Ganja was found. The packets were marked as 1 to 12. On being weighed, it was found total 12.395 kg. The packets of Ganja and sample packets were refilled in separate bags, and they were marked as P-1 and P-2. The bags were again weighed and separately sealed. Panchnamas of the proceedings were prepared, and seizure memo Ex. P-12 was prepared. Spot map Ex. P-17 was prepared. The seized Ganja was kept in safe custody of the Malkhana of RPF post, Durg and a detailed report Ex. P-2 was sent to Narcotics Control Bureau, Raipur. The FIR under Section 8/20 read with Section 29 of the NDPS Act was registered, and an inventory was conducted by Judicial Magistrate First Class, Raipur. The accused persons, Debakishor Padhan and Jaimangal Padhan, were arrested. The sample packets of Ganja were sent for its chemical examination to the state FSL, Raipur, from where the FSL report Ex. P-61 was received, and the contents of Ganja have been affirmed. Statements of the witnesses were recorded, and after completion of the investigation, a charge sheet was filed before the