JUDGMENT :

Uday Umesh Lalit, J.

1. Leave granted.

2. These appeals arise out of the judgment [Judgment and order dt.22.1.19 in CRA-D-917-DB/2011 & CRA-D-923-DB/2011] of the High Court [The High Court of Punjab and Haryana at Chandigarh] setting aside the order of conviction and sentence recorded by the Trial Court against the present respondents, namely, Baljinder Singh and Khushi Khan.

3. The case of the prosecution as set out in the judgment of the High Court was as under:

“3. The case of the prosecution in a nutshell is ; that on 19.8.2009 ASI Rakesh Kumar along with other police officials in connection with patrolling duty were present at Sirhind bye-pass, Rajpura. Lachhman Singh son of Sarwan Singh came on the spot. When Rakesh Kumar was talking with Lachhman Singh, a Qualis bearing registration no. PB-13-D-7000 was seen coming from Ambala side. On seeing the police party, the driver of the vehicle tried to reverse the vehicle. On suspicion, the vehicle was stopped. One lady was sitting with the driver. On enquiry, the driver and passenger disclosed their identities. ASI Rakesh Kumar suspected them to be carrying some contraband in the bags lying in the vehicle. He wanted to searc