STATE Vs. BABU KHAN

JUDGEMENT

(1.) This appeal under Sec. 378 of the Code of Criminal Procedure (in short, "Cr.P.C.") is directed against the impugned judgment of acquittal dtd. 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 Ss. 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.