HC dismisses Punjab’s appeal after 2 decades, says non-compliance with NDPS Act fatal to prosecution

The Punjab and Haryana High Court has dismissed an appeal against the acquittal of three accused under the NDPS Act after more than two decades, while holding that the prosecution failed to comply with mandatory legal provisions regarding the recording and communication of secret information.

The Bench of Justice Gurvinder Singh Gill and Justice Jasjit Singh Bedi upheld the 2003 acquittal by the Special Court, Nawanshahr, which had found that the secret information leading to the alleged recovery was neither recorded in writing nor forwarded to a superior officer as required under Section 42 of the NDPS Act.

The Bench added the prosecution had contended that a DSP was present at the naka and had received the intelligence. But the court found that he failed to put it in writing — a fundamental requirement under both Section 41(2) and Section 42 of the NDPS Act.

The bench asserted there was some ambiguity regarding which officer actually received the secret information. But this detail held little significance since the prosecution’s case rested on the DSP’s presence at the scene. Although he was obligated to record the received intelligence in writing, he was not required to forward it to a superior officer, as per Section 41(2) of the NDPS Ac. However, the crucial lapse in this case was his failure to document the information in writing, a mandatory requirement under both Section 41(2) and Section 42 of the NDPS Act.