S.S.SHINDE, N.R.BORKAR
State Of Maharashtra – Appellant
Versus
Ramsingasan Jamunaprasad Mourya – Respondent
Based on the provided legal document, the key legal points are as follows:
The primary issue in the case was the non-compliance with sub-section (2) of Section 42 of the NDPS Act during the procedure of search and seizure. The court emphasized that total non-compliance of this subsection leads to the acquittal of the accused (!) .
The court clarified that while strict compliance with Sections 42(1) and 42(2) is generally required, delayed compliance with a satisfactory explanation for the delay can be permissible, especially in emergent situations where immediate action is necessary to prevent evidence or goods from being removed or destroyed (!) (!) .
The court highlighted that the recording of information and communication to the official superior should normally precede search and seizure activities. However, in urgent circumstances, these steps can be postponed, provided there is a reasonable explanation for the delay (!) (!) .
The case underscored that the failure to send a copy of the information to the superior or to record the information in writing at the appropriate time constitutes a violation of the statutory requirements, which can justify an order of acquittal if not properly explained (!) .
The court applied the interpretation that total non-compliance with the statutory procedural safeguards related to information recording and communication results in the invalidity of the search and seizure process, leading to the acquittal of the accused (!) .
The appellate court dismissed the appeal, affirming the trial court's decision, noting that the prosecution failed to establish compliance with the procedural requirements under Section 42, specifically regarding the submission of the report to the superior officer (!) (!) .
Overall, the judgment emphasizes the importance of procedural compliance in search and seizure under the NDPS Act and recognizes that delayed compliance, with a satisfactory explanation, may be acceptable, but total non-compliance warrants acquittal.
JUDGMENT
N.R. Borkar, J. - This appeal takes an exception to the judgment and order dated 18.2.2003 passed by the Special Judge, N.D.P.S., Thane, in Special Sessions Case No.5 of 2002. By the impugned judgment and order, the respondent, who was accused before the trial Court, has been acquitted of the ofence punishable under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short 'NDPS act').
2] It is the case of the prosecution that on 9.10.2001 at about 2.00 p.m., PW-5 Rajendra Tambat, who at the relevant time was working as Sr.Police Inspector at Wagale Estate, Police Station, had received an information that the accused would be coming near Hotel Vikrant, Wagale Estate, Thane for sale of charas. The description of the accused was also informed to him. The information was reduced into writing. The entry of information was taken in Station dairy. The panch witnesses were then called. PW-5 along with other police personnel and panch witnesses then reached to the spot at about 3.20 p.m. The trap was arranged. at about 4.00 p.m., the accused came there and stood in front of Hotel Vikrant. according to the prosecution at that time accused was carrying
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.