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Supreme Court of India
Criminal Law

Wireless Message to DSP and Ruqa From Spot Are Substantial Compliance With Section 42 NDPS, Supreme Court Holds

The Supreme Court dismissed a special leave petition against a conviction for six bags of poppy husk of 32 kg each. It held that a wireless message to the DSP on reaching the spot, followed by a ruqa sent from the spot on which the FIR was registered, was substantial compliance with Section 42 of the NDPS Act, as no prejudice was shown. Section 57 is not mandatory, and conscious possession was proved (paras 12-15).

Wireless Message to DSP and Ruqa From Spot Are Substantial Compliance With Section 42 NDPS, Supreme Court Holds
Photo: Subhashish Panigrahi via Wikimedia Commons (CC BY-SA 4.0)

Judgment Intelligence

Petition Dismissed
Bahadur Singh v. State of Haryana
Special Leave Petition (Crl.) No. 5523 of 2009
Court
Supreme Court of India
Date of Decision
6 April 2010
Bench
Justices Altamas Kabir and Cyriac Joseph
Relevant Acts & Sections
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 15, 42, 57
Final Outcome

Special Leave Petition dismissed. The conviction under Section 15 of the NDPS Act and the sentence of 10 years' rigorous imprisonment, as reduced by the High Court, stood undisturbed (paras 3, 16).

Key holdings

  1. Section 42 must be read in the context of modern communication; information later sent to the superior officer can be substantial compliance (para 12).
  2. A wireless message to the DSP and a ruqa sent from the spot, with FIR copies to the Magistrate, satisfied Section 42 here (para 12).
  3. Section 57 of the NDPS Act is not mandatory (para 14).
  4. Recovery from a room the accused opened with his own key established conscious possession (para 15).

Brief Facts

On 2 December 1995, an inspector on patrol near Bhawani Khera received secret information that the petitioner was selling poppy husk from his house (para 2). The police raided the house; the petitioner disclosed that he had hidden six bags in a locked room, the inspector sent a wireless message to the DSP, Kurukshetra, and in the DSP's presence the petitioner unlocked the room with his key, from which six bags of 32 kg each were recovered (para 2). The Special Court, Kurukshetra convicted him under Section 15 of the NDPS Act and sentenced him to 12 years' rigorous imprisonment; the High Court reduced the sentence to 10 years (paras 1-3).

Court's Findings

With technology enabling fast exchange of information, Section 42 must be read in the changed context (para 12). Following Sajan Abraham, there is substantial compliance if the information received is later sent to the superior officer (para 12). Here, on reaching the spot the investigating officer sent a wireless message to the DSP, his immediate superior, and after the recovery a ruqa with all the facts was sent from the spot to the police station, on which the FIR was registered and copies were sent to the Ilaqa Magistrate and higher officers (para 12). That was substantial compliance, and "no prejudice was shown to have been caused to the accused" by the information not being reduced into writing (para 12). Under Karnail Singh, non-compliance with Section 42 may not vitiate the trial without prejudice, and adequacy of compliance is a question of fact (para 13). Section 57 is not mandatory, and the arrest and seizure were reported to the police station in any event (para 14). Conscious possession was established because the bags came from a room the petitioner opened with a key in his possession (para 15).

Legal Principle

Where information calls for prompt action, a wireless message to the superior officer and a ruqa sent from the spot, on which the FIR is registered, can amount to substantial compliance with Section 42 of the NDPS Act. Non-compliance does not vitiate the trial unless it prejudices the accused (paras 12-13).

Precedents Relied Upon

  1. Applied Discussed at ¶ 5, 13

    Non-compliance with Section 42 may not vitiate the trial if it causes no prejudice to the accused; whether compliance is adequate is a question of fact in each case.

  2. Sajan Abraham v. State of Kerala (2001) 6 SCC 692
    Followed Discussed at ¶ 5, 8, 12-13

    Where strict compliance with Section 42 would let the offender escape or the contraband be removed, information later sent to the superior officer is substantial compliance.

  3. State of Punjab v. Balbir Singh (1994) 3 SCC 299
    Referred To Discussed at ¶ 10

    Relied on by the State for the same view on Section 42 that was later applied in Sajan Abraham.

Nyay Vidhan
Court Judgments · 3 min read
Decided: April 6, 2010 Justices Altamas Kabir and Cyriac Joseph
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