Darshan Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 18.05.2026 DARSHAN SINGH ...Applicant

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA HON'BLE MRS. JUSTICE SUKHVINDER KAUR Present :

Mr. S.P.S. Sidhu, Sr. Advocate with Mr. Ankit Bhincher, Advocate for the applicant.

Ms. Pooja Nayar Sharma, D.A.G., Punjab.

ANOOP CHITKARA, J.

CRM-22770-2019 This is an application for condonation of delay of 489 days in filing the present appeal.

Learned senior counsel for the applicant prays that he may be permitted to withdraw the present application. Disposed of as withdrawn.

The applicant, who was the investigator in an NDPS case, is aggrieved by the judgment of acquittal for the reasons that after the acquittal, certain directions were issued by the Human Rights Commission, Punjab.

-22.

We enquired from the State that whether they have challenged the acquittal before this Court, the State answered in the negative. 3.

It was the case purely between the State and the accused and it is not a private case where any person could claim to be a victim under Section 2(wa) of Cr.P.C., 1973. It is for the reason that it is a case of recovery of narcotics, which is an offence against the State and not against an individual.

4.

Learned senior counsel for the applicant submits that it was for the State to challenge the judgment and because the State did not do so, the applicant has now come up before this Court.

5.

The statutory right to file an appeal cannot extend beyond what the statute provides. Further, the statute has given right to file an appeal either to the State or to the victim, however, neither has stepped forward to exercise such right. The role of the appellant is just akin to that of an intruder asserting a right never granted by the legislature. 6.

Learned Senior Advocate-Mr. S.P.S. Sidhu, on instructions from Mr. Ankit Bhincher, Advocate submits that they would be satisfied, if the observations made in the judgment shall not be taken against the applicant, then he would not press the appeal. 7.

We have perused the judgment and no observations have been made against the applicant. Whatever reasons have been given are only for the purpose of justifying or supporting the acquittal. Once, no adverse findings have been recorded, there is no reason for anyone to draw any inference against the applicant.

-38.

Accordingly, the appeal is disposed of as withdrawn in abovesaid terms.

[ANOOP CHITKARA] JUDGE May 18, 2026 [SUKHVINDER KAUR] gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No