CRM-A-461-MA of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-461-MA of 2010 Date of decision:- 28.09.2010 State of Punjab ......Appellant Vs Malwinder Singh @ Mali ......Respondent CORAM:- HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE RAJAN GUPTA Present: - Mr. Rajesh Bhardwaj, Additional Advocate General, Punjab, for the appellant. * * * * RANJAN GOGOI, J (ORAL) By means of the present application the State seeks grant of leave to appeal against the judgement and order dated 04.12.2009, passed by the Judge, Special Court, Sangrur, in Sessions Case No. 51 of 01.03.2008 titled as 'State Vs. Malwinder Singh alias Mali', where the accused/respondent has been acquitted of the charge, under Section 18 of the Narcotic Drugs and Psychotoropic Substances Act. We have heard the learned State Counsel and also read and considered the impugned order passed by the learned trial Court. The basis of the acquittal made by the learned trial Court is absence of proper identification of the accused/respondent. PW1 Inspector Ashok Mohan in his evidence had stated that the name of the accused/respondent mentioned in the Ruqa, exhibit PB, was on the CRM-A-461-MA of 2010 2 basis of information derived from one ASI Surinder Kumar. However, ASI Surinder Kumar who was examined as PW6 in this case in his cross-examination denied the fact that the accused/respondent was known to him from earlier. No identification parade was held. The identification of the accused/respondent sought to be established by the prosecution on the aforesaid basis was, therefore, disbelieved by the learned trial Court. On due consideration of the materials on record, we do not find any infirmity in the order of acquittal passed by the learned trial Court. The application for leave, therefore, is dismissed. As we are not entertaining the leave application filed by the State, no order will be called for in the application for condonation of delay. Disposed of. (RANJAN GOGOI) JUDGE (RAJAN GUPTA) 28.09.2010 JUDGE Amodh