Section 42 NDPS compliance controls private vehicle searches; total non-compliance is impermissible and leads to acquittal.

A search and seizure from a private vehicle parked on a public road was treated as governed by Section 42 of the NDPS Act because the vehicle was not a public conveyance and the search did not fall within Section 43. The record showed admitted total non-compliance with Section 42. The governing principle applied was that delayed compliance may be acceptable in an emergent situation, but total non-compliance with Section 42 is impermissible. On that basis, the appellants were held entitled to acquittal.

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Issues: Whether the seizure from a private vehicle parked on a public road was governed by Section 42 or Section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and whether total non-compliance with Section 42 entitled the appellants to acquittal.

Analysis: The vehicle was found to be a private vehicle and not a public conveyance. On that basis, the expression "public place" in Section 43 did not cover the search, and the search and seizure were held to fall within Section 42. The record showed admitted total non-compliance with the requirements of Section 42. The governing principle applied was that while delayed compliance may be acceptable in an emergent situation, total non-compliance with Section 42 is impermissible.

Conclusion: The case was held to be governed by Section 42, the breach was found to be total, and the appellants were entitled to acquittal.

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