ORDER

1. On receipt of a reliable information that the respondent herein is

involved in selling of opium capsules, PW 4, the investigating officer in this case on 3-10-1972 at about 2.50 p.m. searched the shop and house belonging to the respondent and from the shop as also from an adjacent room seized six bags of poppy capsules of opium weighing 88 kg. On being charged of the offence which is punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 the trial court convicted the respondent for the said offence and sentenced him to undergo 10 years rigorous imprisonment as also to pay a fine of rupees one lakh. In appeal the High Court came to the conclusion that the fact that the premises which were raided were also partly a residential building, Section 43 of the said Act is notapplicable and it is Section 42 which is applicable which requires the investigating officer on receipt of any information to reduce the same into writing recording his satisfaction as to the correctness and genuineness of the information received by him, and the same not having been done in this case came to the conclusion that the search and seizure was opposed to the mandato