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SUPREME COURT OF INDIA
Y.K. Sabharwal, H.K. Sema, JJ.
Union of India - Petitioner
Versus
Surja Ram and others - Respondents
Criminal Appeal Nos. 1434-1435 of 1996
Decided On : 12-11-2002
Section 42(2) - Narcotic Drugs & Psychotropic Substances Act - Non-compliance of Section 42(2) led to acquittal of the respondents
Fact of the Case:
Respondent Nos. 1 and 2 were convicted under the Narcotic Drugs & Psychotropic Substances Act, 1985, but were acquitted by the High Court due to non-compliance of Section 42(1) and Section 42(2) of the NDPS Act.
Finding of the Court:
The court found that there was no compliance with Section 42(2) by the concerned Dy. Superintendent of Police, leading to the acquittal of the respondents.
Issues: Non-compliance of Section 42(2) of the NDPS Act
Ratio Decidendi: The non-compliance of Section 42(2) of the NDPS Act led to the acquittal of the respondents as there was nothing on record to show that the concerned officer complied with the provisions of the section.
Final Decision: The appeal was dismissed, upholding the acquittal of the respondents due to non-compliance of Section 42(2) of the NDPS Act.
JUDGMENT :
H.K. Sema, J.
Respondent Nos. 1 and 2 were convicted u/s. 20(b)(ii) r/w Section 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 by Special Judge for NDPS Cases Jodhpur, Rajasthan. Rigorous imprisonment for 10 years and fine of rupees one lac and in default of payment of fine, further rigorous imprisonment for one year was inflicted on them. The conviction and sentence was, however, set aside and respondents were acquitted by the High Court for the reason of non-compliance of Section 42(1) and Section 42(2) of the NDPS Act. Union of India is in appeal on grant of leave.
2. Under Section 42(2) an officer is required to send a copy of information recorded under the said Section to the immediate official superior.
3. We have heard learned counsel for the parties. There is nothing on record to show that the concerned Dy. Superintendent of Police Shri Mehar Singh complied with the provisions of Section 42(2). We find no infirmity in the impugned judgment. The appeal is accordingly dismissed.
Appeal Dismissed.
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