LexSTATE OF PUNJAB versus GURNAM @ GAMA ETC.
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[2025] 7 S.C.R. 2053 : 2025 INSC 960 State of Punjab v. Gurnam @ Gama Etc. (Criminal Appeal No(s). 2836-2837 of 2025) 30 July 2025 [Rajesh Bindal and Augustine George Masih, JJ.] 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. Headnotes† 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 2054 [2025] 7 S.C.R. Supreme Court Reports 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] Case Law Cited Mukesh Singh v. State (Narcotics Branch of Delhi), 2020 INSC 524 : [2020] 9 SCR 245 : (2020) 10 SCC 120 – followed. Varinder Kumar v. State of H.P., 2019 INSC 170 : [2019] 2 SCR 707 : (2020) 3 SCC 321 – relied on. Mohan Lal v. State of Punjab, 2018 INSC 714 : [2018] 9 SCR 1006 : (2018) 17 SCC 627 – referred to. List of Acts Narcotic Drugs and Psychotropic Substances Act, 1985; Indian Penal Code, 1860; Punjab Good Conduct Prisons Temporary Release Act, 1962. List of 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. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No(s). 2836-2837 of 2025 From the Judgment and Order dated 11.12.2018 of the High Court of Punjab & Haryana at Chandigarh in CRA Nos. 12 and 786 of 2011 Appearances for Parties Adv. for the Appellant: Ms. Nupur Kumar. Advs. for the Respondents: D. N. Goburdhan, Sr. Adv., T. N. Singh, Dr. Sham Chand. [2025] 7 S.C.R. 2055 State of Punjab v. Gurnam @ Gama Etc. Judgment / Order of the Supreme Court 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 that poppy husk was being transported in a truck. A truck bearing registration No.PIX 0146 was stopped. Gurnam Singh alias Gama was found to be sitting on the stack of bags in cargo portion of the truck, while Jaswinder Singh was driving the truck. Both are the respondents in these two appeals. On search, 750 kilograms of poppy husk was found along with two motorcycles. First Information Report (FIR) No.221 of 2009 was registered. After
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