JUDGMENT

Dr. Mukundakam Sharma

1. The present appeal is an appeal filed by the State of Punjab challenging the judgment and order dated 20.08.2007 passed by the High Court of Punjab & Haryana whereby the High Court acquitted the respondents herein of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short “NDPS Act”], thereby reversing the judgment and order of conviction and sentence passed by the trial Court, i.e., the Special Court, Patiala. The trial Court convicted the respondents herein under the aforesaid section and sentenced each of them to suffer rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 1 lakh each, and in default of payment of fine, to further undergo rigorous imprisonment for two years.

2. The prosecution case, in brief, is that on 23.04.2002 Sub- Inspector, Tejinder Singh [PW-4], who was the then Station House Officer [for short “SHO”] of the Police Station, Ghagga accompanied by Sub-Inspector Ajaib Singh, Assistant Sub- Inspector Surinderpaljit Singh [PW-3] and constables, viz., Faqir Chand, Kulwant Singh and other police officials were present at village Shahpur and were going around in the co