Back
SUPREME COURT OF INDIA
PANKAJ MITHAL AND S.V.N. BHATTI, JJ.
State Of Rajasthan – Appellant
Versus
Gopal And Others – Respondent
Criminal Appeal No.2465 of 2025 (Arising out of SLP (Criminal) No. 7040 of 2025) (@ Diary No. 28242 of 2019)
Decided on : 06-05-2025
| Table of Content |
|---|
| 1. factual background of the case proceedings. (Para 4) |
| 2. arguments on authorization under section 42. (Para 5 , 6) |
| 3. issues regarding the in-charge sho conducting the search. (Para 7 , 9) |
| 4. interpretation of section 42 regarding competency. (Para 8 , 10) |
| 5. conclusion and order of the supreme court. (Para 11 , 12 , 13) |
ORDER :
1. Delay condoned.
2. Leave granted.
3. Heard learned counsel for the parties.
4. The respondents were charged in connection with FIR No.552 of 2011 dated 10.09.2011, registered with Police Station Nimbahera, District-Chittorgarh, under Sections 8 /18, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 19851. The respondents filed a petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the criminal proceedings arising therefrom. The High Court by the order impugned dated 01.09.2017 has quashed the said proceedings for the reason that the search was conducted by an unauthorized officer.
5. The submission of learned counsel appearing for the appellant is that the In-Charge Station House Officer is an authorized person to conduct the search as per Section 42 of the Act.
6. Vide the notification issued under Section 42 of the Act, the State Government has authorized all Inspectors of Police and Sub-Inspectors of Police posted as Station House Officers2 to exercise the powers mentioned in Section 42 of the Act with immediate effect.
7. In the case at hand, the SHO 'Veera Ram Choudhary', was absent on the relevant date and therefore, on 09.09.2011, he has handed over the charge of the SHO to the Circle Inspector(Sub-Inspector, 'Shri Kamal Chand') who has carried out the search.
8. In State of Rajasthan Vs. Bheru Lal : (2013) 11 SCC 730, vide paragraph 15', it has been held that the person holding temporary charge as Station House Officer at the relevant time is competent to carry out the search.
9. In view of the aforesaid facts and circumstances, the submission that the Officer ought to be actually posted as SHO and not as In-Charge SHO is of no substance and cannot be accepted.
10. Accordingly, we are of the opinion that the High Court manifestly erred in interpreting Section 42 of the Act and in holding that the In-Charge SHO was not competent to conduct the search.
11. Accordingly, the order impugned dated 01.09.2017 passed by the High Court is hereby set aside and the trial is directed to continue in accordance with law, expeditiously.
12. The present appeal is allowed in the above terms.
13. Pending application(s), if any, shall stand disposed of.
Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; non-compliance invalidates the recovery and affects the legality of proceedings.
Non-compliance of mandatory provisions of NDPS Act has to be dealt with a strict hand.
Mandatory compliance with statutory provisions in narcotics enforcement is essential; failure to follow these provisions benefits the accused.
The improper conduct of search and seizure under relevant law invalidates the charges and warrants bail.
Mandatory provisions of the NDPS Act must be strictly followed; non-compliance can lead to quashing of proceedings, and the right to a speedy trial takes precedence over statutory bail restrictions.
The court established that strict adherence to procedural safeguards under the NDPS Act is essential, particularly regarding informing individuals of their rights during searches.
Mandatory compliance with procedural safeguards under Section 42 of the NDPS Act is crucial for lawful search and seizure; failure to comply invalidates recovery.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
