https://www.taxtmi.com/caselaws?id=325853 Registration of an FIR and its dispatch to a superior officer do not satisfy the mandatory requirement under Section 42 of the NDPS Act to record prior secret information in writing and communicate it promptly to the immediate superior. The Court distinguished compliance with the Criminal Procedure Code from compliance with Section 42, and reiterated that delayed compliance is possible only with urgency and a satisfactory explanation, not where there is total non-compliance. Because the officer neither reduced the information into writing nor sent it as required, the defect was incurable and the conviction and sentence could not stand. en-us Wed, 02 Sep 2015 00:00:00 +0530 Thu, 31 Mar 2016 10:35:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=325853 Registration of an FIR and its dispatch to a superior officer do not satisfy the mandatory requirement under Section 42 of the NDPS Act to record prior secret information in writing and communicate it promptly to the immediate superior. The Court distinguished compliance with the Criminal Procedure Code from compliance with Section 42, and reiterated that delayed compliance is possible only with urgency and a satisfactory explanation, not where there is total non-compliance. Because the officer neither reduced the information into writing nor sent it as required, the defect was incurable and the conviction and sentence could not stand. Case-Laws Customs Wed, 02 Sep 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=325853