JUDGMENT

Pinaki Chandra Ghose, J. - This appeal has been filed by the State of Haryana against the judgment and order dated 10.12.2007 of the High Court of Punjab and Haryana at Chandigarh in Criminal Misc. No. 560-MA of 2007, whereby the High Court has declined to grant leave to the State to appeal against the acquittal of the respondents.

2. The facts of this case, as per the prosecution story, are that on 3.2.2006, when Sub Inspector Ram Phal, ASI Rishi Raj, Constable Surender Singh, Lady Constables Babita Rani and Promila, were on patrol duty in a police vehicle which was being driven by Constable Darshan Singh, near Chimni Bai Dharamshala, NIT No. 3, SI Ram Phal received a secret information that Om Prakash son of Moti Lal, and his wife Asha Devi, residents of Gali No. 1, Jhuggi Kalyanpuri, bring Ganja (intoxicated drug) from Madhya Pradesh and supply in Faridabad and if a raid is conducted at their house, Ganja in heavy quantity would be recovered. On receiving this information, the aforesaid police team raided the house of Om Prakash. On seeing the police party, Om Prakash managed to escape by scaling over the wall of the house. Asha Devi also tried to escape but she was appre