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Criminal · Reportable judgment

State of Punjab vs Gurnam @ Gama Etc.

Court
Supreme Court of India
Date
30 July 2025
Case No.
Criminal Appeal No(s). 2836-2837 of 2025
Result
Allowed
Bench
Rajesh Bindal, Augustine George Masih
Citation
[2025] 7 S.C.R. 2053 : 2025 INSC 960
Acts & Sections
Narcotic Drugs and Psychotropic Substances… IPC Punjab Good Conduct Prisons Temporary…
Supreme Court Reports [2025] 7 S.C.R. 2053 : 2025 INSC 960
Issue for consideration
Issue arose to assail the correctness of the judgment of the High Court by which the criminal appeals filed by the respondents were allowed and the judgment of the Trial Court convicting the respondents was set aside relying upon the judgment of this Court in the case of Mohan Lal v. State of Punjab, 2018 INSC 714.
Headnote

Criminal Law – Administration of the criminal justice – Acquittal on technical grounds by the High Court – Application of law available today – Respondents were convicted by the Trial Court – High Court allowed the appeal and acquitted the respondents – Acquittal was solely on the principle of law laid down by this Court in Mohan Lal’s case – Informant and investigator must not be the same person – Reliance upon Mohan Lal’s case – Correctness:

Held: The judgment in Mohan Lal’s case was delivered by this Court on 16th August, 2018 – The High Court judgment in favor of the respondents is dated 11th December, 2018 – After the judgment of the Mohan Lal’s case, a three-Judge Bench of this Court in Varinder Kumar’s case clarified the position with reference to Mohan Lal’s case – Further, the opinion expressed in Mohan Lal’s case was doubted and the matter was referred to the Constitution Bench (Mukesh Singh’s case) where the opinion expressed by this Court in Mohan Lal’s case was held to be not a good law and overruled – In the case in hand, the judgment of Mohan Lal’s case prevailed when the High Court decided the appeals – However, thereafter, the matter is pending in this Court and since appeals are continuation of proceedings, the law as available today is to be applied – The acquittal of the respondents in the present case was merely on technical ground in view of Mohan Lal’s case which was diluted in Varinder Kumar’s case and then overruled subsequently by the Constitution Bench of this Court in Mukesh Singh’s case – Hence, impugned judgment of the High Court is set aside – Matter remitted back to the High Court for consideration on merits. [Paras 13, 15-17]

Keywords: Mohan Lal v. State of Punjab case · Mukesh Singh v. State (Narcotics Branch of Delhi) · Appeals are continuation of proceedings · Acquittal on technical grounds · Law available today

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order (1) The appellant-State of Punjab is before this Court impugning the judgment of the High Court1 by which the criminal appeals2 filed by the respondents were allowed3 and the judgment4 of the Trial Court5 convicting the respondents was set aside. It relied upon the judgment of this Court in the case of Mohan Lal v. State of Punjab6 wherein it was held that fair investigation, which is the foundation of fair trial, postulates that the informant and investigator must not be the same person. (2) We may analyze the facts in brief. A secret information was received on 20th September, 2009 t
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