Judgment

B.P. Singh, J.—The respondent herein was put up for trial before the Additional Sessions Judge, Sangrur who by judgment and order dated August 8, 1997 found the respondent guilty of the offence under Sec­tion 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act) and sentenced him to undergo rigorous impris­onment for ten years and a fine of Rs. one lakh, in default of payment of fine to undergo rigorous imprisonment for 2-1/2 (two and a half) years. The respondent preferred an appeal before the High Court of Punjab & Haryana at Chandigarh being Criminal Appeal No. 655-SB/1997. The High Court by its impugned judgment and order of 19th February, 1999 allowed the appeal and set aside the order of conviction and sentence passed against the respondent. The State of Punjab has come up in appeal before this Court by special leave.

2. The facts of the case are that ASI Sampuran Singh (PW3) along with ASI Surinder Paul Singh (PW1) and Head Constable Satnam Singh, Consta­ble Harinder Singh and other police officials was on patrol duty. While they were at village Ahankheri, Sampuran Singh PW3 received a secret information that the respondent was sellin