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High Court upholds acquittal in NDPS case, flags ‘serious lapses’ in Chandigarh Police probe

The Punjab and Haryana High Court cites missing witnesses, contradictions, and secrecy over mandatory NDPS reports; rejects UT’s appeal.

4 min readDec 8, 2025 04:35 PM IST

Tanwar was arrested on July 6, 2018, after a police patrol team near Sector 42 claimed to have recovered 5.30 grams of heroin from his pocket.

The Punjab and Haryana High Court Monday upheld the acquittal of a Chandigarh resident in a 2018 heroin recovery case, sharply criticising the investigation for “serious lapses” that undermined the prosecution. Dismissing the Chandigarh administration’s appeal against the 2020 acquittal of Anil Tanwar, the court said the police probe failed the basic standards required under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Justices Anoop Chitkara and Sukhvinder Kaur said the trial court had rightly extended the benefit of doubt to Tanwar after finding inconsistencies in key witnesses’ statements, unexplained contradictions in case documents, and non-compliance with mandatory reporting provisions.

Tanwar was arrested on July 6, 2018, after a police patrol team near Sector 42 claimed to have recovered 5.30 grams of heroin from his pocket. The sample later tested positive at the Central Forensic Science Laboratory. He was charged under Section 21 of the NDPS Act.

However, the Special Court acquitted him in January 2020, holding that the recovery and documentation were doubtful. The Chandigarh administration appealed, arguing that the testimony of police witnesses was reliable and that the recovery was a “chance encounter”, exempting the team from certain procedural safeguards.

The High Court disagreed, noting that “scrupulous compliance” with procedural requirements is essential under the NDPS Act because of its stringent penalties. Central to the bench’s criticism was the Chandigarh Police’s failure to send special reports under Sections 52 and 57 of the Act to superior officers—a lapse the court said went to the root of credibility.

“Everything was kept as a guarded secret,” the court observed, adding that such omissions, though directory, directly affect the appreciation of evidence.

Material contradictions in testimony

The court also found material contradictions in official testimony. While Sub-Inspector Jaivir Singh claimed he wrote the complaint, Head Constable Dilawar Singh said it was drafted by Head Constable Adalat Singh. The trial court had flagged that the complaint and site plan appeared in one handwriting and the search and arrest memos in another. The High Court agreed that this mismatch cast doubt on whether the paperwork was prepared on the spot.

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The bench took particular exception to the prosecution’s failure to examine Head Constable Adalat Singh, the officer who allegedly prepared most of the critical documents. “When most of the documents were prepared by HC Adalat Singh, then he should have been cited as a witness,” the bench held, calling the omission a significant investigative lapse.

This gap, it said, compounded other deficiencies and contributed to reasonable doubt about the prosecution’s version.

Ordinarily, official witnesses can sustain an NDPS conviction. But the court noted that given the inconsistencies in statements and documents, independent corroboration became crucial. The police’s failure to join any public witness, therefore, “assumed importance”, creating doubt over whether the recovery took place as claimed.

The bench noted that reversing an acquittal requires “compelling circumstances” and a finding of perversity in the trial court’s reasoning. Citing Supreme Court judgments including Noor Aga, Mahamadkhan Nathekhan and Mallappa, the High Court said no such perversity existed here. Instead, it found that the trial court had correctly assessed the flaws in the investigation.

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The court dismissed the UT administration’s application for leave to appeal, calling it meritless, and closed the pending motions.

The ruling underscores the ongoing judicial scrutiny of NDPS investigations, where the law’s severity makes documentation, verification, and transparent procedures indispensable. The Chandigarh Police did not respond to queries before the publication of this report.

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