State of Punjab vs. Gurnam @ Gama 2025 INSC 960 - NDPS Act - Acquittal Relying On Mohan Lal's Case Set Aside
NDPS Act - While allowing appeal against acquittal by High Court in an NDPS case, SC observed: Courts only interprets law and do not enact law. 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 .
Case Info
The case is
Case Name and Neutral Citation
- Case Name: State of Punjab vs. Gurnam @ Gama Etc.
- Neutral Citation: 2025 INSC 960
Coram (Judges)
- Justice Rajesh Bindal
- Justice Augustine George Masih
Judgment Date
- Date: July 30, 2025
Caselaws and Citations Referred
- Mohan Lal v. State of Punjab
- Citation: (2018) 17 SCC 627; 2018 INSC 714
- Varinder Kumar v. State of H.P.
- Citation: (2020) 3 SCC 321; 2019 INSC 170
- Mukesh Singh v. State (Narcotics Branch of Delhi)
- Citation: (2020) 10 SCC 120; 2020 INSC 524
Statutes/Laws Referred
- Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)
- Indian Penal Code, 1860
- Punjab Good Conduct Prisons Temporary Release Act, 1962
- Prison Act
