Case Note & Summary
The appellant, Satnamsingh Sodi, was convicted by the learned Sessions Judge & Special Judge, Nanded, in Special Case (NDPS) No. 24/1998 for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for alleged unlawful possession of 685 gms of opium. He was sentenced to rigorous imprisonment for 12 years and a fine of Rs. 1,00,000/-. The prosecution case was that on 13th May 1998, Police Constable Sudhir Khodve (PW 1) received secret information that the accused was dealing in sale of opium at his residential house. He submitted a written report to the Home Deputy Superintendent of Police, Shri Kadam, who directed Probationer Dy.S.P. Sanjay Bannerjee (PW 2) to conduct a raid. The raiding party proceeded to the accused's house and allegedly recovered 685 gms of opium from his possession. The appellant challenged his conviction on the ground that the mandatory provisions of Section 42 of the NDPS Act were not complied with. The court examined the evidence and found that the secret information was not reduced to writing by the police constable who received it, nor was it forwarded to the immediate superior officer as required under Section 42(2). The court held that the compliance of Section 42 is mandatory and non-compliance vitiates the trial. The court also noted that the prosecution failed to prove that the information was recorded and forwarded. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Narcotic Drugs - Section 42 of NDPS Act, 1985 - Mandatory Compliance - Secret information received by police constable was not reduced to writing and forwarded to superior officer as required under Section 42(2) - The court held that non-compliance with the mandatory provisions of Section 42 vitiates the trial and the conviction cannot be sustained - Held that the prosecution failed to prove compliance with Section 42, which is a condition precedent for search and seizure (Paras 5-8).
Issue of Consideration
Whether the mandatory provisions of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985, regarding recording of secret information and forwarding it to superior officer, were complied with, and if non-compliance vitiates the trial.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the offence under Section 18 of NDPS Act. Fine, if paid, to be refunded.
Law Points
- Non-compliance with Section 42 of NDPS Act
- 1985
- Secret information must be reduced to writing and forwarded to superior officer
- Mandatory provisions
- Acquittal
