STATE OF PUNJAB v. CHARANJIT SINGH [2011] INSC 904 (21 July 2011)

Judgement

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 447 OF 2005

STATE OF PUNJAB ..... APPELLANT

VERSUS

CHARANJIT SINGH

O R D E R

1. We have heard the learned counsel for the parties.

2. It is clear from the counter affidavit filed by the respondent that he has been acquitted in all the cases including the one in which he was in custody in Tihar Jail and from where he had been removed under production warrant to the State of Punjab and had made disclosure statements before the police leading to the recovery of large quantities of explosives etc. The fact that the respondent had been acquitted in all other cases that have been referred to by the learned counsel for the respondent, has not been denied by the State of Punjab in its rejoinder affidavit filed in response to the counter Crl.A. No. 447 of 2005 2 affidavit. The High Court has also held that no valid sanction had been given prior to the trial of the respondent and that as all the witnesses were police witnesses no credence could be attached to their testimony. We are, therefore, not inclined to interfere in this matter. The appeal is dismissed. 

..................J

 [HARJIT SINGH BEDI] 

...................J

 [GYAN SUDHA MISRA] 

NEW DELHI JULY 21, 2011.