J U D G M E N T

1. This appeal under Section 378 of the Code of Criminal Procedure (in short, “Cr.P.C.”) is directed against the impugned judgement of acquittal dated 12.12.2014, passed by learned Special Judge (NDPS), Additional Sessions Judge, (North-East), Karkardooma Courts, Delhi in Sessions Case No.151 of 2007 arising out of FIR No. 09/2007 of Police Station Narcotics Branch registered under Sections 20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “NDPS Act”).

2. Learned APP for the appellant/State submits that the impugned judgment of acquittal is illegal and improper and the same has been passed in ignorance of material evidence against the respondents. He, therefore, submits that the learned trial court has erred in acquitting the respondents.

3. Learned counsel appearing on behalf of the respondents, on the other hand, opposed the prayer and submited that the learned trial court has rightly came to the conclusion that the prosecution has failed to prove the case beyond a reasonable doubt. According to him, the reasoning given by the learned trial court for acquittal of the respondents is based on the sound legal principle that the accused cannot be convicted unless the prosecution proves the case beyond a reasonable doubt. According to him, the impugned judgment of acquittal does not call for any interference.

4. I have heard the learned counsel appearing for the parties and perused the record.

5. The case of the prosecution, in brief, is that on 24.01.2007 at about 01:45 PM, Sub Inspector Sunil Jain (PW-6) received a secret information that Babu Khan, Shokeen Ali, Liyakat Ali and Shehzad Ali, R/o Muzaffar Nagar, U.P. (hereinafter collectively referred to as “respondents”), are likely to supply charas to a person, namely, Sahur near Railway Reservation Office, Thandi Sarak, Anand Vihar, Near Karkardooma Court in a Bolero car. Thereafter, at about 2.15 PM, SI Sunil Jain (PW-6 ) reduced the secret information into writing in the rojnamcha register vide DD No. 12-A Ex.PW4/A and submitted a copy thereof to Inspector Iqbal Singh as required under Section 42 of the NDPS Act. On the basis of the secret information received and after appropriate approval from the higher authorities, a raid was conducted. The raiding party reached in front of the Railway Reservation Office, Thandi Sarak via Vikas Marg and under Karkari Flyover. At about 3:35 PM, one silver grey colour Bolero No. UP 12 L 3670 came from the side of Karkardooma Courts and stopped 10 meters before the gate of the Railway Reservation Office. The secret informer identified the driver of the said car as Babu Khan and the person sitting on his adjacent seat as Shehzad Ali. He identified the person, who alighted from the rear door of the driver's side with a blue and grey colour bag in his right hand, as Shokeen Ali and the second person, who alighted from the rear door on the left side with a blue and grey colour bag on his right hand, as Liyakat.

6. Thereafter, the raiding party on a signal of PW-6 SI Sunil Jain apprehended the respondents/accused. PW-6 SI Sunil Jain informed respondents/accused about their legal right that, if they so desired, they could be produced before any Gazetted Officer or Magistrate for conducting their search. He explained the meaning of the Gazetted Officer and the Magistrate to them. He served carbon copies of notice under Section 50 of the NDPS Act to each of them and read over and explained the contents of the said notice to them. All four accused persons understood their legal rights, however, refused to exercise their legal rights. PW-6 SI Sunil Jain recorded their refusal as the accused persons claimed themselves illiterate.

7. PW-6 SI Sunil Jain conducted a cursory search of accused Babu Khan, Shokeen Ali, Shehzad Ali and Liyakat Ali. On the search of Babu Khan, a blue and grey colour bag was found. The said bag was containing twelve packets and each packet was wrapped in olive colour tape having transparent