The court emphasized the importance of compliance with procedural requirements under the NDPS Act for conducting searches, confirming that authorization by a superior officer allows searches at any time.

ORAL ORDER

This petition is filed by accused No.1 under Section 528 of BNSS praying to quash entire proceedings in Spl.C.(NDPS) No.10/2022 pending on the file of the Principal District and Sessions Court, Dharwad registered for offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereafter referred to as ’”NDPS Act” for brevity)

2. The respondent on 12.09.2020 at about 4.30 p.m. has received information that narcotic substance is being secured from the other State for the purpose of selling at Osiya Markettling shop location at Broad way market, New Killa, Hubballi and accordingly the Police Inspector has intimated the same to his higher officers and has taken his team consisting of police constables and at the same time has summoned two of panchas and also the Ayurvedic Doctor and request him to participate in the raid that is to be conducted. And accordingly, at around 5.50 p.m. has conducted the raid and at the time of raid he came across two persons who are accused Nos.1 and 2. When enquired, accused No.1 stated that he is owner of the shop and accused No.2 stated that he is working in the shop. Thereafter, the Police Inspector told them that they have got the information regarding the narcotic drug being sold in the shop and accordingly enquired and made search for the same and found two boxes consisting of 40 packets in one box and 22 packets in another box weighing about 486 grams valuing Rs.300/- and one of the pack was opened and it was found that the packed consisted of a material which was smelling pungent and the same was seized at around 6.30 p.m. The said packet has a wrapper stating the product is “Madhu Monakka” and it is also stated that “Sales permitted in Rajasthan only”. Thereafter, when enquired further it was told that the same material is kept in their godown. The godown was also raided and the Police Inspector has seized three bags. In the first bag there were 120 boxes consisting of 40 packets of Madhu Monakka weighing 23Kgs 877 grams valuing Rs.12,000/- and the second bag consisted of 120 boxes consisting of 40 packets of Madhu Monakka weighing 23 kgs 657 grams valuing Rs.12,000/- and third bag consisted of 60 boxes consisting of 40 packets of Madhu Monakka weighing 12 kgs 200 grams valuing Rs.6,000/-. The complainant seized all these materials and took statement of panchas and the Doctor who had accompanied raid. The raid process was completed at about 9.30 p.m. thereafter, he lodged the complaint for the offence punishable under Section 21 of the NDPS Act. After completing investigation, charge sheet came to be filed and now case is in pending on the file of the Principal District and Sessions Court, Dharwad. The proceedings of the said case are sought to be quashed in the present petition by accused No.1.

3. Heard learned counsel for the petitioner –accused No.1 and learned AGA for the respondent –State.

4. Learned counsel for the petitioner –accused No.1 would contend that there is no compliance of Sub- Section (1) of Section 42 of the NDPS Act as information received has not been reduced into writing. He further submits that the search has been conducted after sunset and it is not permitted under Sub-Section (1) of Section 42 of NDPS Act. The complainant has not recorded reasons for search between sunset and sunrise. The information reduced into writing has not been sent to Official Superior in the proper form as required under Sub-Section (2) of Section 42 of the NDPS Act. On perusal of the sachet seized it is produced by Indian product Beawar, Rajasthan and t