JUDGMENT :

AVNEESH JHINGAN, J.

1. This application under Section 378(3) Cr.P.C. is filed seeking leave to appeal against judgment of acquittal dated 21.2.2015.

2. The facts as projected by the prosecution are that on 29.5.2013, the police party headed by ASI Ashwani Kumar apprehended Kuldeep Singh @ Sandeep (respondent No. 1) on suspicion. During his search, he attempted to throw a polythene bag from the right pocket of his trouser but ASI-Ashwani Kumar caught his hand. Twenty two grams of Heroin was recovered. Two samples of five grams each were prepared and sealed by putting seal ‘RK’. Respondent No. 1 in his disclosure statement named Satnam Singh @ Satta (respondent No. 2) as supplier of the recovered contraband.

3. After considering the facts and appreciating the evidence adduced, the trial court acquitted the accused considering that:

(i) No independent witness was joined despite the fact that recovery was from a busy public area.

(ii) There was contradiction in the statements of Investigating Officer and EASI Om Parkash. As per the statement of the Investigating Officer, he tried to join Sohan Singh, Ishwar Singh and Goraya but they showed their inability whereas according to EASI