Court: High Court of Punjab and Haryana at Chandigarh
Case: CRA-48-DBA-2004 (State of Punjab vs. Dharminder Singh etc.)
Date of Judgment: 24.03.2025
Act: Narcotic Drugs and Psychotropic Substances Act (NDPS Act)
The appeal against the acquittal of respondents for poppy husk possession was dismissed due to non-compliance with Section 41(2) of the NDPS Act, as the secret information was not reduced to writing by DSP Balbir Singh. The judgment relied on M. Prabhulal vs. Assistant Director, Directorate of Revenue Intelligence (2004) to affirm that a Gazetted Officer must record such information, while also distinguishing between private and public conveyances based on State of Rajasthan vs. Jag Raj Singh @ Hansa (2016) and Boota Singh vs. State of Haryana (2021), clarifying that Section 42 applies to private vehicles in transit.