Any secret info must be recorded in writing, rules HC; dismisses Punjab plea in 25-year-old case

The court upheld the acquittal of three men in an NDPS case citing non-compliance with procedural safeguards.

3 min readChandigarhUpdated: Mar 25, 2025 09:20 PM IST

HC upholds acquittal in 25 year old narcotics case

Rejecting the state’s appeal, the High Court cited multiple Supreme Court judgments on procedural compliance under the NDPS Act. (Express archive photo/ Jasbir Malhi)

Upholding the acquittal of three men in a 25-year-old narcotics case, the Punjab and Haryana High Court has ruled that the prosecution failed to comply with mandatory procedural requirements under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, particularly regarding the recording of secret information and its communication to superior officers.

Dismissing the Punjab government’s appeal against the 2003 trial court verdict, a division bench of Justices Gurvinder Singh Gill and Jasjit Singh Bedi observed that “the secret information received was neither recorded in writing nor sent to a superior officer as envisaged under Section 42 of the NDPS Act.” The bench stressed that these requirements are essential safeguards against arbitrary action and that failure to comply vitiates the entire case.

Background of the case

The case dates back to December 3, 2000, when a police team led by then DSP Balbir Singh conducted a naka at a bus stop in Balachaur, acting on inputs that a truck carrying poppy husk would be passing through. The truck, driven by Dharminder Singh alias Manga, was intercepted, and 30 bags of poppy husk, concealed beneath groundnut sacks, were allegedly recovered. The truck owner, Bahadur Singh, was later implicated based on disclosure statements made by the accused.

Following the arrest, the accused were tried before the Special Court, Nawanshahr, which acquitted them in 2003, citing procedural lapses. The state subsequently filed an appeal before the high court, which remained pending for over two decades.

High court’s legal reasoning

Rejecting the state’s appeal, the court cited multiple Supreme Court judgments on procedural compliance under the NDPS Act. The court noted that Section 42(1) mandates that when a police officer receives secret information regarding narcotics, it must be recorded in writing. Section 42(2) requires that a copy of such recorded information be sent to a superior officer within 72 hours, it said, while noting that in the present case, neither of these steps were followed, rendering the recovery illegal and inadmissible.

The state had argued that since DSP Balbir Singh, a gazetted officer, was present at the naka, compliance with Section 42 was not required. However, the court disagreed, noting that even under Section 41(2), which applies to gazetted officers, the secret information should have been put in writing.

Referring to the Supreme Court’s ruling in State of Punjab v. Balbir Singh (1994), the bench reiterated that “non-compliance with Section 42(2) is a serious procedural lapse that affects the prosecution’s case and vitiates the trial.”

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The court also highlighted discrepancies in the investigation, including the failure to examine key witness Jatinder Pal Singh in court and the reliance on disclosure statements to implicate the truck owner despite no independent evidence linking him to the crime.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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