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    <title>1994 (7) TMI 359 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>Strict compliance with Section 42(2) of the NDPS Act was treated as mandatory where prior secret information is recorded before search. The record showed that information about possession and dealing in charas was reduced to writing, but the copy was not forwarded forthwith to the immediate superior officer as required. The distinction between the special report sent after arrest or seizure and the prior-information copy required under Section 42(2) was held material. Because that mandatory step was not followed, the prosecution case was vitiated and the conviction under Section 20 could not be sustained.</description>
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    <pubDate>Tue, 05 Jul 1994 00:00:00 +0530</pubDate>
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      <title>1994 (7) TMI 359 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197041</link>
      <description>Strict compliance with Section 42(2) of the NDPS Act was treated as mandatory where prior secret information is recorded before search. The record showed that information about possession and dealing in charas was reduced to writing, but the copy was not forwarded forthwith to the immediate superior officer as required. The distinction between the special report sent after arrest or seizure and the prior-information copy required under Section 42(2) was held material. Because that mandatory step was not followed, the prosecution case was vitiated and the conviction under Section 20 could not be sustained.</description>
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      <pubDate>Tue, 05 Jul 1994 00:00:00 +0530</pubDate>
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