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.