Criminal Misc. No. 600-MA of 2008 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. 600-MA of 2008
Date of Decision: 12.1.2009
State of Haryana
...Appellant
Versus
Punjab Singh
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. S.S. Mor, Senior Deputy Advocate
General, Haryana, for the appellant.
Kanwaljit Singh Ahluwalia, J. (Oral)
This application has been filed praying for grant of leave
against the judgment of acquittal dated 12.8.2008 passed by learned
Special Judge, Karnal.
The respondent was apprehended having 18.5 Kgs. of poppy
husk in his possession. Trial Court after conclusion of evidence had
taken into consideration the fact that sample had reached the Forensic
Science Laboratory, Madhuban after a delay of one month and 18 days.
Trial Court further found a discrepancy between the reaching of sample
at Forensic Science Laboratory, Madhuban and affidavit of Surinder
Singh, Constable, Ex.P4. Trial Court further held that affidavit of Inder
Singh, Head Constable Ex.P3 and affidavit of Surinder Singh,
Constable, Ex.P4 are defective and are not sufficient to be taken into
consideration for purpose of link evidence. The Court further held that in
Criminal Misc. No. 600-MA of 2008 2
present case non-joining of independent witness assume importance
and is fatal to prosecution.
The findings of Court below are not perverse. No interference
is warranted. Therefore, the present application is dismissed.
(Kanwaljit Singh Ahluwalia)
Judge
January 12, 2009
“DK”