STATE OF HARYANA Vs. DALBIR SINGH

JUDGEMENT

(1.) This appeal by special leave is directed against the final judgment and order dated 26.4.2010 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 51-SB of 2005.

(2.) The respondent herein was tried by the Presiding Officer, Special Court, Kurukshetra and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to suffer ten years of rigorous imprisonment and to pay a fine of Rs. 1,00,000/-, in default thereof, to further undergo rigorous imprisonment for two years.

(3.) Aggrieved thereby, the respondent preferred an appeal before the High Court. While dealing with the same, the High Court doubted the veracity of the prosecution witnesses who are all only official witnesses (police personnel) and there was no independent witness. Pointing out various infirmities in the prosecution version, the High Court came to the conclusion that the case against the accused-respondent herein could not be proved by the prosecution beyond reasonable doubt and hence set aside the judgment of the trial Court and acquitted him of the charge. Hence, the State is in appeal before us.