Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act 1985 — ss. 42(1) 42(2) 42(1) proviso and s.43 — |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 42(1), 42(2), 42(1) proviso and s.43 —Accused held on the basis of a secret information — Search and seizure - Recovery of bags containing opium powder from the jeep in which accused travelling — Conviction and sentence of accused under the provisions of the 1985 Act — However, acquittal of accused by the High Court on the ground of non-compliance with the mandatory provisions of NDPS Act ~ On appeal held: Section 42(2) requires that where an officer takes down an information in writing under sub-Section (1) he shall send a copy thereof to his immediate officer senior — However, communication sent to Circle Officer was not as per the secret information recorded, thus, there was breach of s. 42(2) — 8. 42(1) proviso provides that if such officer has reason to believe, he may carry the search after recording the grounds of belief, whereas no ground for belief as contemplated by proviso was ever recorded by Station House Officer who proceeded to carry on search, thus, violates the provisions of s. 42(2) proviso — Further, there was no permit for running the jeep as public transport vehicle — Jeep cannot be said to be a public conveyance within the meaning of Explanation to s, 43, thus, s. 43 clearly not attracted and provisions of s. 42(1) proviso were to be complied with — Station House Officer did not suddenly carry out search at a public place — When search is conducted after recording inforination u/s. 42(1), provisions of s. 42 was to be complied with — Thus, non-compliance of s. 42(1) proviso and s. 42(2) seriously prejudiced the accused — High Court rightly held that non-compliance of s.42(1) and s.42(2) were proved on the record and was justified in setting aside the conviction order. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2016 INSC 444 |
Petitioner | State Of Rajasthan |
Respondent | Jag Raj Singh @ Hansa |
SCR | [2016] 4 S.C.R. 451 |
Judgement Date | 2016-06-29 |
Case Number | 1233 |
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