V. Dutta Gyani, J. —

While decidinga Jail Appeal No.2 of 1990, by appellant Beikhokim against her conviction under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act), a Division Bench of this Court vide order dated 16.5.94 (1994 (2) GLJ 457) has referred the following question :

"Whether recording of the information as required under section 42 (;1) of the Act is mandatory in a case where no prejudice' was caused to the accused at the time of search, and seizure of the contraband goods." for its decision by an 'appropriate' Bench, accordingly this Full Bench has been0 constituted.'

2. Restricting ourselves to the question as referred, it is vital to see, at what limited area the question is aimed. The question is in two parts of clauses. Whether recording of information as required under section 42 (1) of the Act is mandatory ? It is the subordinate qualifying clause, (in a case) where-no prejudice is caused to the accused at the time of search and seizure of contraband, which holds the key. Really speaking, the question therefore as posed is, whether in a case where no prejudice is caused to the accused at the time of search and seizure of con

Click Here to Read the rest of this document