The judgment emphasizes the mandatory nature of Section 42 of the Narcotic Drugs and Psychotropic Substances Act and the need for substantial compliance, as well as the importance of proving ownership in drug-related cases.

Deepak Gupta, J. (Oral) This appeal by the State is directed against the judgment dated 29.2.1996 passed by the learned Addl. Sessions Judge, Solan, H.P., in Sessions Trial No. 10-NS/7 of 1994 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

2. The prosecution case in brief is that on 25.1.1994 SI-Rattan Singh (PW-8) who was the then S.H.O. Police Station, Arki was on routine patrol duty at Batal Ghati alongwith ASI-Som Dutt, HC- Hem Raj, Constable Sita Ram and Lady Constable Malti Devi. There he received secret information that the accused is indulging in trafficking of drugs. According to PW-8 since it was Statehood Day and offices were closed he could not obtain the search warrant and he also apprehended that if he went to obtain search warrant the accused might come to know of it, and dispose of the contraband. He however telephonically informed the S.D.M., Arki and then proceeded to village Majiat. The S.D.M. also reached the village. The house of the accused was raided after associating two independent witnesses Sh. Balak Ram (PW-4) and Sh. Pawan Kumar (PW-5) and during this raid 990 grams Charas was recovered. Two samples of 100 grams each were drawn. The bulk Charas and the two samples were sealed with seal-A and taken into possession vide memo Ext. PB. Thereafter Rukka Ext. PW 8/B was sent to the police station, Arki and F.I.R. Ext. PW 8/C was registered on its basis. Site plan Ext. PW 8/D was prepared by PW-8. He recorded the statements of the witnesses and after apprising the accused of the grounds of arrest vide memo Ext. PW 8/G the accused was arrested. Special Report Ext. PW 8/H was sent to the immediate superior officer i.e. the Superintendent of Police, Solan. The case property was deposited in the Maalkhana. Thereafter, one sample was sent for chemical analysis to C.T.L. Kandaghat. On analysis the sample was found to be of Charas vide report Ext. PW 8/J and hence the accused was challaned for having committed the offence aforesaid.

3.The learned trial Court acquitted the accused mainly on two grounds, firstly that there has been no compliance of Sections 42 of the Act and secondly that Section 50 of the Act has not been complied with. As far as Section 50 of the Act is concerned the same is not at all applicable since no personal search was involved and the search was conducted from the house. Admittedly this is a case of prior information and the raid was conducted in the house which according to the prosecution belongs to the accused. Therefore, Section 42 of the Act is attracted. Section 42 of the Act as it stood at the relevant time read as under:- “42. Power of entry, search, seizure and arrest without warrant or authorisation.- (1) Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government including para-military or armed forces as is empowered in this behalf by general or special order by the Central Government, or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drugs control,excise, police or any other department of a State Government as is empowered in this behalf by general knowledge or information given by any person and taken down in writing, that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed in any building, conveyan