https://www.taxtmi.com/caselaws?id=457174 Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 requires information of the relevant kind to be reduced into writing and forwarded to a superior officer before search and seizure, unless emergent circumstances justify a satisfactorily explained delay. Here, the information was available in time, but it was not recorded at the first opportunity and no adequate explanation was given. The prosecution case was further weakened by the non-examination of independent witnesses and by seizure papers being prepared later at the police station. Total non-compliance with Section 42 was therefore fatal, and the conviction and sentence could not be sustained; the accused was entitled to acquittal. en-us Wed, 05 Sep 2018 00:00:00 +0530 Mon, 09 Sep 2024 13:11:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457174 Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 requires information of the relevant kind to be reduced into writing and forwarded to a superior officer before search and seizure, unless emergent circumstances justify a satisfactorily explained delay. Here, the information was available in time, but it was not recorded at the first opportunity and no adequate explanation was given. The prosecution case was further weakened by the non-examination of independent witnesses and by seizure papers being prepared later at the police station. Total non-compliance with Section 42 was therefore fatal, and the conviction and sentence could not be sustained; the accused was entitled to acquittal. Case-Laws Indian Laws Wed, 05 Sep 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457174