State Of Punjab Vs. Charanjit Singh On 21 July, 2011

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State Of Punjab v. Charanjit Singh

State Of Punjab
v.
Charanjit Singh

(Supreme Court Of India)

Criminal Appeal No. 447 Of 2005 | 21-07-2011

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 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.

Advocates List

For the Appellant ----- For the Respondent -----

Bench List

HON'BLE MR. JUSTICE HARJIT SINGH BEDI

HON'BLE MS. JUSTICE GYAN SUDHA MISRA

Eq Citation

(1991) 1 SCC 662

LQ/SC/2011/954

HeadNote

Constitution of India — Art. 136 — Interference in criminal matters — When warranted — Acquittal of accused in all other cases not denied by State — High Court holding that no valid sanction had been given prior to trial of respondent and that as all witnesses were police witnesses no credence could be attached to their testimony — No interference warranted (Para 2)