9911796707
TMI Blog2019 (1) TMI 2054X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Heard learned Counsel for the parties. 2. This appeal takes exception to the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh dated 13.03.2008 in Criminal Appeal No. 685-SB of 2001. 3. The Appellant along with two other Accused was tried for the offence punishable Under Section 15 of the Narcotic, Drugs and Psychotropic Substances Act, 1985. The Appellant was ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used. The basis on which such finding has been recorded by the Trial Court, however, is not forthcoming. Neither the Investigating Officer nor any other police official has offered an explanation on that factual position. In addition, we find force in the argument of the Appellant that witness PW-2, who claimed to have received the information telephonically and had passed it on to his contemporar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble abuse of powers, but more importantly will leave the police, the accused, the lawyer and the courts in a state of uncertainty and confusion which has to be avoided. It is therefore held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. Justice must not only be done, but must app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot been explained by the prosecution at all. Furthermore, we find that the FIR has been registered by Nirmaljit Singh but he has not been examined by the prosecution and no explanation is offered in this regard as well. 8. All these deficiencies, in our opinion, create serious doubts and are fatal to the prosecution case, for which reason the Appellant deserves to be acquitted of the stated offen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
