Wireless Message Not Enough When NDPS Tip-Off Reaches Police Station: Rajasthan High Court Acquits Under Section 42

On 21.07.2000 the SHO of Police Station Buhana, Jhunjhunu received secret information that the appellants were keeping ganja, opium and doda powder in their house. A raiding party searched the premises after a Section 50 notice and recovered about 33 kg of ganja, three bags of doda powder and 800 g of opium (para 3). The Special Judge (NDPS Cases), Khetri convicted both under Sections 8/15, 8/18 and 8/20 of the NDPS Act, imposing ten years' rigorous imprisonment and a Rs 1 lakh fine on each count, concurrently (para 2). The appeal was heard finally at the admission stage with consent (opening paragraph).

The Court held that "The requirement of Section 42 of the Act is not merely a technical one": informing superiors at once checks police excess, guards against false implication and lets superiors supervise (para 18). The information bore no dispatch or receipt number, the dispatch register was not produced and the messenger was not examined, so an adverse inference should have been drawn (para 19). The FIR and seizure memo showed only a wireless message, but information received at the police station must be sent in writing (para 20). Dalel Singh and Karnal Singh accepted wireless transmission only for a party on patrol, and Beckodan Abdul Rahiman holds the safeguards mandatory (para 21). Nor was there evidence that the grounds of belief were sent within 72 hours under Section 42(2) (para 23). Following Babu Chakraborty, the appellants deserved acquittal on this ground alone (paras 24-25). Seals kept with the malkhana in-charge, an FSL report without the seal impression, and contradictions on the place of recovery and possession added further doubt (paras 26-29).