ACQUITTAL UPHELD WHERE PROSECUTION FAILED TO ESTABLISH CONSCIOUS POSSESSION AND FAILED TO INVESTIGATE CONTRABAND DESTINATION.

On September 19, 2007, Gujarat State Highway Traffic Police intercepted a truck (No. HR-03-GA-0272) near Bhagyoday Hotel.

A search conducted by the Dabhoda Police revealed 437 boxes containing 3,972 bottles of foreign liquor and 478 beer cans.

175 grams of poppy straw was allegedly recovered from a bag beneath the driver’s seat.

The accused were charged under Sections 15, 27, and 29 of the NDPS Act and various sections of the Bombay Prohibition Act.

The Trial Court (Special NDPS Judge, Gandhinagar) acquitted the accused on May 8, 2008.

The State appealed this acquittal, alleging perverse appreciation of evidence.

1. Whether the prosecution proved "conscious possession" of the seized contraband (poppy straw) by the accused beyond a reasonable doubt.

2. Whether the procedural lapses, including the failure to record entries in the station/case diaries and the delay in lodging the FIR, vitiated the prosecution's case.

3. Whether the Appellate Court should interfere with the Trial Court’s order of acquittal given the double presumption of innocence.

The court applied Section 378 of the Code of Criminal Procedure, 1973, concerning appeals against acquittal.

It relied on the principle from Chandrappa v. State of Karnataka (2007) and Rajesh Prasad v. State of Bihar (2022), which estabelece that an appellate court should not disturb an acquittal if two reasonable views are possible, particularly given the "double presumption" of innocence.

It further considered the definition of "commercial quantity" under the NDPS Act, noting that 175g of poppy straw is significantly below the 1kg commercial threshold.

The necessity of establishing "conscious possession" for conviction.

The complainant (A.S.I.) failed to record the initial tip-off or instructions in the station or case diaries, despite being required to do so.

There was an unexplained delay in lodging the FIR, which was filed at 3:00 PM despite the raid occurring in the early morning.

The police failed to send the seized liquor for FSL examination, relying solely on the FSL report for the poppy straw.

The court found that the prosecution failed to prove "conscious possession" of the 175g of poppy straw found under the seat; no investigation linked the contraband to the specific knowledge or control of either occupant.

No effort was made to track the ownership of the truck or identify the intended recipients of the massive liquor shipment in Gujarat, rendering the investigation incomplete.

The court found no perversity or manifest illegality in the Trial Court’s reasoning.

The Court requested the Director of Prosecution to investigate the status of related anti-corruption proceedings and take appropriate action if necessary.

All bail bonds were cancelled.