Section 42 NDPS compliance is generally mandatory, but delayed recording and forwarding may be valid in genuine emergencies.

Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ordinarily requires an empowered officer to reduce prior information or recorded grounds of belief into writing and forward it to a superior officer. Total non-compliance with these safeguards is impermissible and may affect the prosecution case. In genuine emergent situations, however, where immediate action is needed to prevent escape, concealment, or destruction of evidence, delayed compliance may be accepted if explained within a reasonable time. The later seventy-two-hour requirement supports this flexible approach. The statutory safeguards remain generally mandatory, but deferred compliance is permissible in urgent circumstances with satisfactory explanation.

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Issues: Whether compliance with Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is mandatory in every case, or whether delayed or substantial compliance is sufficient in emergent situations.

Analysis: Section 42 requires an empowered officer, when acting on prior information or recorded grounds of belief, to reduce the information into writing and send a copy to the immediate superior. Total non-compliance with these requirements is not permissible and may affect the prosecution case. At the same time, the provision cannot be construed so literally as to make urgent enforcement impossible. Where information is received while the officer is on the move or in circumstances requiring immediate action to prevent escape, concealment, or destruction of evidence, recording of the information and communication to the superior may follow within a reasonable time. The later amendment specifying a seventy-two-hour period strengthens this reading and shows legislative acceptance of flexibility in urgent situations.

Conclusion: Section 42 requires normal prior recording and forwarding of information, but in special emergent circumstances delayed compliance with a satisfactory explanation is acceptable. Total non-compliance remains impermissible.

Final Conclusion: The reference was answered by reconciling the earlier decisions and clarifying that the statutory safeguards under Section 42 are generally mandatory, yet capable of delayed compliance in genuine exigencies without automatically vitiating the prosecution.

Ratio Decidendi: The requirements of Section 42(1) and 42(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ordinarily demand prior recording of information and prompt communication to the superior officer, but urgent situations may justify deferred compliance if the delay is reasonably explained; total non-compliance is not acceptable.

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