Information Received While Probing Another NDPS Case: Supreme Court Rejects Section 42 Challenge to Charas Conviction

While investigating another NDPS case, a police sub-inspector learnt that the appellant was keeping and selling contraband at his residence (para 2). He reported this in a sealed envelope to his superiors, and on 15.12.1995 a raiding party searched the house with panchas, finding a ladies purse holding 17 small plastic bags (paras 3-6). The total weight of the charas came to 4,900 mg, and the forensic laboratory confirmed it was charas (para 6). The Additional Sessions Judge, Bharuch convicted him under Section 20(b)(ii) and imposed the minimum ten years' rigorous imprisonment and a fine of Rs. 1,00,000; the Gujarat High Court dismissed his appeal (paras 1, 7-8).

The Court first set out the observations in Baldev Singh on Section 42: an empowered officer with prior information must take it down in writing, must record the grounds of his belief for a search between sunset and sunrise, and must send a copy to his immediate official superior (para 10). Turning to the facts, the search was made at about 4.30 P.M. on 15.12.1995 (para 11). Section 42 is invocable only if the search is made upon prior information (para 11). Where information or knowledge reaches the investigating officer in the course of regular patrolling or an investigation of some other offence, it is not necessary to follow the conditions of Section 42 in all cases (para 11). In any event, by way of abundant precaution, the officer had taken the information down in writing and transmitted it through a messenger immediately to the higher officers, and this was recorded in the complaint (para 12). The question whether the officer who conducted the proceedings was an empowered officer had not been raised before the trial court or the High Court, so it could not be entertained (para 13). The appeal was therefore without merit (para 14).