High Court Punjab-Haryana High Court

State Of Haryana vs Punjab Singh on 12 January, 2009

Punjab-Haryana High Court
State Of Haryana vs Punjab Singh on 12 January, 2009
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”