2019 (1) TMI 2054

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....sp;Ms. Jaspreet Gogia, AOR. ORDER 1. 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 Psychotropi....

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....ed Gurdev Singh Mann as he was won over by the accused. The basis on which such finding has been recorded by the Trial Court, however, is not forthcoming. Neither the Investigating Officer nor any other police official has offered an explanation on that factual position. In addition, we find force in the argument of the Appellant that witness PW-2, who claimed to have received the information tele....

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.... individual facts of a case, may not only lead to a possible abuse of powers, but more importantly will leave the police, the accused, the lawyer and the courts in a state of uncertainty and confusion which has to be avoided. It is therefore held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the....