This single page order dismisses the prosecution's leave to appeal against an order of acquittal in a narcotics recovery case. The High Court held that the facts did not warrant reappreciation of evidence to arrive at a different conclusion.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-A-478-MA-2012 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-A-478-MA-2012 (O&M). Date of decision: September 19, 2012.
State of Punjab
..... Petitioner
Versus
Harjinder Singh and another
..... Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT Mr.K.S.Pannu, DAG., Punjab.
M.M.S. BEDI, J. (ORAL)
This is an application for leave to appeal against the order of acquittal passed in favour of the respondents in a case of recovery of Opium weighing 2 Kgs. each. The trial Court has acquitted the respondents giving them benefit of doubt on the following grounds: -
(i) The Investigating Officer and the recovery witness being the same person, the trial is not expected to be fair;
(ii) It is not clear whether it was the Deputy Superintendent of Police, Narinder Singh or the Station House Officer, Salwinder Singh who conducted the search of the accused;
(iii) The provisions of Section 50 of the NDPS Act having not been complied with and the seal after
...1
CRM-A-478-MA-2012 (O&M)
use was handed over to the police official; and
(iv) The consent memo waiving right to get themselves searched in presence of Magistrate or Gazetted Officer, has not been signed by any independent witness and the version of defence witness was believed belying the evidence produced by the prosecution.
Taking into consideration, the totality of the circumstances, I do not find this case a fit case for reappreciation of evidence and arrive at a conclusion different than the one arrived at by the trial Court.
Dismissed.
(M.M.S. BEDI) September 19, 2012. JUDGE rka
...2
1 issue framed by the court
Whether the High Court is required to reappreciate evidence to interfere with an order of acquittal in a narcotics case.
State of Punjab
Harjinder Singh
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
