ORDER

A.M. Khanwilkar, J. - 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 arrested on the spot after Search and Seizure was carried out on 14.05.1999, as he was carrying a huge quantity of bulk poppy husk.

4. The Trial Court recorded finding of guilt against all the accused. They preferred an appeal before the High Court, which came to be dismissed vide the impugned judgment.

5. The sole ground on which we are inclined to allow this appeal is that the prosecution has miserably failed to explain why the sole independent witness, Gurdev Singh Mann, who was present on the spot and in whose presence the search and seizure was carried out and being one of the witnesses for drawing the panchanamas, has not been examined by the prosecution.

6. Indeed, the Trial Court has noted that the prosecution could not have examined Gurdev Singh Mann as he was