What is the applicability of Section 42(2) of NDPS Act when search, seizure etc. is conducted by Gazetted Officer under Section 41(2) and (3) of NDPS Act?

Key Points: - The appellants were convicted under Sections 8(c), 29 r/w 18 and 21 of NDPS Act for offenses involving 66.1 kg heroin seized from a truck and car (!) (!) [1000082690001]. - Confessional statements under Section 67 NDPS Act by Revenue Intelligence officers were admissible, voluntary, and formed basis of conviction, with no complaints of torture before Magistrate and no delay [1000082690002][1000082690003][1000082690004]. - Search and seizure at Customs Office (20 km from apprehension site) without independent witnesses was valid as accused were present, no tampering alleged, and voluntary confessions corroborated recovery [1000082690005][1000082690006]. - Section 42(2) NDPS Act does not apply when a Gazetted Officer empowered under Section 41(2) himself conducts arrest, search, and seizure (!) [1000082690007][1000082690009][1000082690013]. - Section 41(2) empowers Gazetted Officers of specified departments to act directly or authorize subordinates, vesting them with Section 42 powers without Section 42(2) reporting requirement (!) (!) (!) (!) [1000082690013]. - Distinction: Section 42(1) applies to non-Gazetted empowered officers requiring immediate superior reporting under 42(2), unlike trusted Gazetted Officers under 41(2) [1000082690013]. - High Court correctly held Section 41 applicable, not Section 42, rendering prior decisions on Section 42(2) inapplicable [1000082690009][1000082690013]. - Appeals dismissed, upholding conviction and sentence as no illegality in procedure or evidence [1000082690014][1000082690015] (!) .

What is the applicability of Section 42(2) of NDPS Act when search, seizure etc. is conducted by Gazetted Officer under Section 41(2) and (3) of NDPS Act?