TaxTMI 
TaxTMI 
2001 (8) TMI 736
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....sed by the Trial Court convicting the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentencing him to undergo rigorous imprisonment for 10 years and a fine of rupees one lakh, in default to undergo simple imprisonment for one year. In order to appreciate the controversy, we are herewith giving the essential matrix of facts. 2. The appellant was put on trial for an offence punishable under Section 21 of the Act. As per prosecution story, on the 10th October, 1993 at 7.45 p.m. the appellant was in possession of manufactured drug by name 'Tidigesic' and three syringes for injecting the same, by the road near the Blue Tronics Junction at Palluruthy. The ....
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....ution containing 0.3 milligram of Buprenorphine per milli litre and that Buprenorphine is a the baine derivative. It is accepted that baine is a phenanthrene alkaloid, an opium derivative and as such it is a manufactured drug coming within the ambit of Section 21 of the N.D.P.S. Act. As per the evidence of PW3, he got the information about the appellant at about 7 p.m. and to ascertain this he actually arrived there at 7.30 p.m. After identifying him he proceeded to Palluruthy Police Station to inform his superior the sub-Inspector of Police. But on the way he met S.I. of Police, Palluruthy who was on patrol duty. Then they all went to the place where the appellant was standing. The prosecution case is that before search the prosecution com....
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....ssion is that PW5 has not recorded the information given by PW3 with respect to the appellant's involvement before proceeding to arrest him in this case. This constitutes violation of Section 42 of the Act. It is true under Section 42(1), the officer concerned, when he has reason to believe from his personal knowledge or information received from any person, he is obliged to take it down in writing if such information constitutes an offence punishable under Chapter IV of the Act and send it forthwith to his immediate superior. Such an officer is empowered to search any building, conveyance and in case of any resistance, break up any door or remove any obstacle for such entry, seizure of such drug or substance and to arrest such person whom ....
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....ent case, PW3 the Head Constable got information with reference to the appellant only at about 7 p m. that the person is selling injectible Narcotic drugs near the Blue Tronics Junction, Palluruthy. When he proceeded for Pilluruthy Police Station to give this information to his immediate superior S.I. of Police PW5, he found PW5 along with his police party, who were on patrol duty coming, hence the said information was communicated there by PW3 to PW5. Thereafter, PW5 along with his police party and PW3 immediately proceeded towards the place where the appellant was standing. Had they not done so immediately, the opportunity of seizure and arrest of the appellant would have been lost. How PW5 could have recorded the information given by PW3....
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.... merit. 11. Thus in our considered opinion, we do not find, on the facts of this case, as also recorded by the High Court that there has been any violation of Section 50 of the Act. 12. The last submission for the appellant is, there is non-compliance of Section 57 of the Act. He submits under it, an obligation is cast on the prosecution while making an arrest or seizure, the officer should make full report of all particulars of such arrest or seizure and send it to his immediate superior officer within 48 hours of such arrest or seizure. The submission is, this has not been done. Hence the entire case vitiates. It is true that the communication to the immediate superior has not been made in the form of a report, but we find....