VidhiSangh

Supreme Court of India · 30/07/2025

STATE OF PUNJAB versus GURNAM @ GAMA ETC.

[2025] 7 S.C.R. 2053 · 2025 INSC 960

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Summary

The High Court had acquitted two accused convicted under the NDPS Act for transporting poppy husk solely because the informant and the investigating officer were the same person, applying Mohan Lal v. State of Punjab, without appreciating the evidence. The Court held that Varinder Kumar confined Mohan Lal to prospective operation and the Constitution Bench in Mukesh Singh overruled it, that an appeal is a continuation of the proceedings so the law as it stands today applies, and remitted the appeals to the High Court for decision on merits.

Issues

  1. Whether an acquittal resting solely on the rule in Mohan Lal that the informant cannot be the investigator can be sustained after Varinder Kumar and the Constitution Bench decision in Mukesh Singh.
  2. Whether the respondents could resist application of the later decisions on the ground that a judgment does not operate retrospectively when Mohan Lal was the law on the date of the High Court's decision.

Held

Result

Appeals allowed; the High Court's common judgment dated 11.12.2018 set aside and the matter remitted to the High Court for consideration of the criminal appeals on merits, with a request to expedite the hearing since the appeals pertain to the year 2010; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 2053.