STATE OF PUNJAB Vs. CHANAN SINGH

JUDGEMENT

(1.) LEARNED counsel for the State has drawn our attention to para 12 of the trial court's judgment whereby respondent Chanan Singh was acquitted of the charge. Trial Court has stated in its judgment that Chanan Singh was driving the motor cycle. Prosecution had failed to prove the conscious possession of respondent Chanan Singh regarding one Kilogram of opium allegedly being carried by his wife Parkash Kaur. He has argued that as both were traveling on a private vehicle i.e. motor cycle. Chanan Singh was also consciously in possession and had knowledge that Parkash Kaur had opium in her possession.

(2.) WE have heard. the learned counsel for the parties. Learned counsel for the respondent has built up the same arguments, as he has done so in Criminal Appeal No.262 SB of 2000 whereby he has argued for the acquittal of Parkash Kaur. There are glaring Criminal, infirmities in the prosecution case as pointed out in CRA No.262-SB of 2000. These infirmities would also apply to respondent Chanan Singh, which the prosecution is not in a position to satisfy the Court. Vide separate judgment of even date, Criminal Appeal No.262-SB of 2000 has been allowed and Smt.Parkash Kaur has been acquitted. Judgment of acquittal of the respondent is maintained. Appeal of the State is dismissed.