What is required under Section 42(2) of the NDPS Act for recording information before search? Does Section 42(2) of the NDPS Act apply to gazetted officers conducting arrest, search, and seizure?

Key Points: - Appeals challenge conviction under Section 22 NDPS Act for possession of 20 kg Diazepam, upheld by trial court and High Court (!) (!) [1000271450001] - PW1 (Assistant Commissioner, gazetted officer) received secret information, recorded it in search memo (Ex. P1), and conducted raid at 5:30 a.m. without warrant [1000271450001][1000271450005] - Panchnama (Ex. P2) signed by accused, officers, and two witnesses (one examined as PW5, a reserve policeman); recovery not doubted due to large quantity [1000271450004] - Section 42(2) requires noting information in writing and sending copy to superior, but applies only to actions without warrant/authorization under Section 42(1) [1000271450006] - Section 41(2) empowers gazetted officers to authorize subordinates or act themselves; no need for Section 42(2) compliance by gazetted officers [1000271450008][1000271450009] - Search memo noting "reliable information" on Diazepam storage suffices as compliance for recording [1000271450005] - Section 42(2) confined to non-gazetted officers acting without authorization; gazetted officers need not report to superiors [1000271450008] - Supported by precedents: M. Prabhulal (2003) 8 SCC 449, State of Haryana v. Jarnail Singh (2004) 5 SCC 188 [1000271450010][1000271450011] - Appeals dismissed; conviction and sentence of 10 years RI and Rs.1 lakh fine upheld [1000271450015] (!)

What is required under Section 42(2) of the NDPS Act for recording information before search?

Does Section 42(2) of the NDPS Act apply to gazetted officers conducting arrest, search, and seizure?