https://www.taxtmi.com/caselaws?id=169451 Strict prior recording and communication of secret information under Section 42 of the NDPS Act is mandatory; where there is total non-compliance, the doctrine of substantial compliance does not save the prosecution, and prejudice need not be separately examined. The Court also found the alleged recovery unreliable because the presence of the Tehsildar-cum-Executive Magistrate was doubtful, no independent witness was joined, and the investigating officer did not record such association. On these facts, the recovery was not proved beyond reasonable doubt, so the conviction and sentence were set aside and the accused was acquitted. en-us Thu, 13 Dec 2012 00:00:00 +0530 Mon, 26 Oct 2015 14:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169451 Strict prior recording and communication of secret information under Section 42 of the NDPS Act is mandatory; where there is total non-compliance, the doctrine of substantial compliance does not save the prosecution, and prejudice need not be separately examined. The Court also found the alleged recovery unreliable because the presence of the Tehsildar-cum-Executive Magistrate was doubtful, no independent witness was joined, and the investigating officer did not record such association. On these facts, the recovery was not proved beyond reasonable doubt, so the conviction and sentence were set aside and the accused was acquitted. Case-Laws Indian Laws Thu, 13 Dec 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169451