STATE OF U.T. CHANDIGARH Vs. SHANKAR

JUDGEMENT

(1.) The instant appeal has been preferred by the State of U.T., Chandigarh against the judgment dtd. 5/12/2019 passed by the Judge, Special Court, Chandigarh in case baring FIR No. 166 dtd. 18/7/2016 under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Mani Majra, Chandigarh.

(2.) In order to adjudicate the present case, the brief facts of the case of prosecution are referred to hereby below:

(3.) The prosecution evidence was duly considered by the Judge, Special Court, Chandigarh and upon consideration thereof, several discrepancies in the evidence of the prosecution were noticed and it was recorded that the prosecution has miserably failed to prove the offence in question beyond a shadow of reasonable doubt and that the recovery itself was suffering from suspicious circumstances. Furthermore, no independent witness was joined to lend credence to the prosecution story. It was also noticed that the testimonies of the police officials also suffered major contradictions. The relevant parts of the observations recorded by the Judge, Special Court, Chandigarh, are reproduced herein below: