https://www.taxtmi.com/caselaws?id=329446 Where search and seizure under the NDPS Act proceed on prior information, compliance with Section 42 is mandatory, including recording the information, forwarding it correctly to the superior officer, and recording reasons for a night search. The Court found a mismatch between the recorded information and the information sent upward, and no valid reasons for the night search were shown. Section 43 did not apply because the vehicle was a private jeep and there was no reliable material to treat it as a public conveyance. On those facts, breach of Section 42 vitiated the prosecution case and the acquittal was upheld. en-us Wed, 29 Jun 2016 00:00:00 +0530 Wed, 27 Sep 2017 15:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=329446 Where search and seizure under the NDPS Act proceed on prior information, compliance with Section 42 is mandatory, including recording the information, forwarding it correctly to the superior officer, and recording reasons for a night search. The Court found a mismatch between the recorded information and the information sent upward, and no valid reasons for the night search were shown. Section 43 did not apply because the vehicle was a private jeep and there was no reliable material to treat it as a public conveyance. On those facts, breach of Section 42 vitiated the prosecution case and the acquittal was upheld. Case-Laws Indian Laws Wed, 29 Jun 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=329446