Section 43 governs vehicle searches in transit on public roads; Section 42 non-compliance cannot invalidate such a seizure.

A vehicle intercepted on a public road in transit was searched in a public place, so Section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1995 applied and not Section 42. The special requirements of Section 42 for entry into and search of a building, conveyance, or enclosed place were therefore inapplicable. The presence of a gazetted officer in the raiding party supported the legality of the search, and the absence of records about information allegedly sent to superior officers did not change that position. The acquittal based on alleged Section 42 non-compliance was unsustainable, and the trial court's conviction was restored.

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Issues: Whether Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1995 applied to the search and seizure from a vehicle intercepted on a public road in transit, and whether non-compliance with that provision justified setting aside the conviction.

Analysis: The search was conducted when the vehicle was moving in a public place and was intercepted during transit. In such a situation, the governing provision is Section 43, which covers seizure in a public place or in transit. Section 42 applies to entry into and search of a building, conveyance, or enclosed place, and its special requirements are not attracted where the search is made in transit in a public place. The presence of a gazetted officer in the raiding party further supported the legality of the search. The absence of a call for records relating to alleged information sent to superior officers did not alter the position.

Conclusion: Section 42 did not apply, the acquittal based on alleged non-compliance with that provision was unsustainable, and the conviction recorded by the trial court was restored in favour of the prosecution.

Ratio Decidendi: A search and seizure of a vehicle intercepted in a public place or in transit is governed by Section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1995, and not by Section 42; therefore, the procedural requirements of Section 42 cannot be invoked to invalidate such a search.

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