Case Note & Summary
The petitioner, Mruthyunjaya, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire proceedings in Spl.C.C.No.05/2017 pending before the Principal District and Sessions Judge, Kolar. The case arose out of Crime No.276/2017 registered at Malur Police Station for an alleged offence punishable under Section 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The facts, as stated in the petition, were that on 9 August 2017 at about 3 p.m., the Sub-Inspector of Malur Police Station received credible information while at the police station that the petitioner, a resident of Thoranahalli Road, Ummalu, was in possession of ganja. The Sub-Inspector proceeded to the spot, conducted a search, and allegedly seized contraband. The petitioner contended that the Sub-Inspector failed to comply with the mandatory requirement under Section 42 of the NDPS Act, which requires that any credible information received be reduced to writing before proceeding to search. The State opposed the petition, arguing that the information was credible and the search was lawful. The Court examined the provisions of Section 42 of the NDPS Act, which mandates that when an officer receives information of the commission of an offence under the Act, he must record the information in writing and forthwith send a copy to his immediate official superior. The Court noted that the Sub-Inspector received the information at the police station but did not record it in writing. This non-compliance was fatal to the prosecution's case. The Court held that the mandatory requirement of Section 42 was not complied with, and therefore, the search and seizure were illegal. Consequently, the entire proceedings were liable to be quashed. The Court allowed the petition and quashed the proceedings in Spl.C.C.No.05/2017.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - NDPS Act - Non-compliance with Section 42 - The petitioner sought quashing of proceedings in Spl.C.C.No.05/2017 for offences under Section 20(B)(ii)(C) of NDPS Act on the ground that the Sub-Inspector received credible information but did not reduce it to writing as required under Section 42(2) of NDPS Act. The Court held that the mandatory requirement of recording information was not complied with, rendering the search and seizure illegal, and quashed the proceedings. (Paras 1-5) B) Narcotic Drugs - Search and Seizure - Section 42 NDPS Act - Recording of Information - The Court observed that the Sub-Inspector received credible information at the police station but failed to record it in writing. This non-compliance vitiated the entire proceedings. The Court relied on the principle that strict compliance with Section 42 is mandatory and any deviation entitles the accused to benefit. (Paras 2-5)
Issue of Consideration
Whether the proceedings under the NDPS Act can be quashed for non-compliance with Section 42 of the NDPS Act, specifically the failure to reduce credible information to writing before conducting a search.
Final Decision
The petition is allowed. The entire proceedings in Spl.C.C.No.05/2017 (arising out of Cr.No.276/2017) of Malur Police Station, pending on the file of Principal District and Sessions Judge, Kolar, are quashed.
Law Points
- Non-compliance with Section 42 of NDPS Act
- Credible information must be reduced to writing
- Search and seizure illegal if mandatory provisions not followed
- Benefit of doubt to accused
