Friday, 13 November 2026
Supreme Court of India
Criminal Law

Section 42 NDPS: Total Non-Compliance Is Fatal but Explained Delay Is Acceptable, Constitution Bench Holds in Karnail Singh

Karnail Singh v. State of Haryana Decided 29 July 2009

Published: · NyayVidhan · 3 min read

A five-judge Constitution Bench of the Supreme Court, in Karnail Singh v. State of Haryana, (2009) 8 SCC 539, resolved the conflict between Abdul Rashid and Sajan Abraham on Section 42 of the NDPS Act. Information must ordinarily be written down and sent to the superior officer before a search, but if it is received on the move and calls for immediate action, recording may follow. Total non-compliance is impermissible; delayed compliance with a satisfactory explanation is acceptable (paras 11, 17).

Section 42 NDPS: Total Non-Compliance Is Fatal but Explained Delay Is Acceptable, Constitution Bench Holds in Karnail Singh
File photo: Supreme Court of India, New Delhi Photo: Subhashish Panigrahi Source: Wikimedia Commons Licence: CC BY-SA 4.0

Judgment Intelligence

Reference Answered
Karnail Singh v. State of Haryana
Criminal Appeal No. 36 of 2003 with Criminal Appeal No. 606 of 2004
Court
Supreme Court of India
Date of Decision
29 July 2009
Bench
Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran, D.K. Jain, P. Sathasivam and J.M. Panchal (Constitution Bench)
Relevant Acts & Sections
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 41, 42, 43, 50
Final Outcome

Reference answered. The Constitution Bench reconciled Abdul Rashid and Sajan Abraham in the terms of paragraph 17 and directed that the appeals be placed before the appropriate Bench for disposal (paras 17-18).

Source Supreme Court of India, decided 29 July 2009

Reading is free. Downloading the PDF of a judgment published more than 7 days ago needs a free account. Register or sign in to download

Key holdings

  1. The officer must ordinarily record the information in the register and forthwith send a copy to the immediate superior before acting under Section 42(1) (para 17).
  2. If information received on the move calls for immediate action, the officer may act first and record and report it as soon as practical (para 17).
  3. Total non-compliance with Section 42(1) and (2) is impermissible; delayed compliance with a satisfactory explanation is acceptable (para 17).
  4. Failing to record or report information received at the police station with time to act is a clear violation of Section 42 (para 17).
  5. Whether compliance is adequate or substantial is a question of fact in each case (para 17).

Case explainer by NyayVidhan: an account of this judgment and the law it laid down, not the court's text. The judgment itself is the authoritative version.

Brief Facts

Two three-judge benches had taken different views of Section 42 (para 1). In Abdul Rashid, a police inspector acted on a tip-off about charas in an autorickshaw without writing it down or informing any superior, and the conviction was set aside (paras 4, 11). In Sajan Abraham, a sub-inspector on patrol in a jeep acted at once on information about a man selling injectable drugs; the Court found no violation because recording it first would have let the accused escape (paras 5, 11). Karnail Singh's appeal and a connected appeal were placed before the Constitution Bench to resolve the conflict (para 1).

Court's Findings

The Court held that the two decisions "revolved on the facts and do not really lay down different prepositions of law" (para 11). Abdul Rashid was a case of total non-compliance: the officer neither took down the information nor informed his superior. In Sajan Abraham, the officer on patrol could not record the information before acting, but immediately sent the FIR and arrest records to his superior (para 11). Section 42 differs from Section 43, which permits seizure and arrest in a public place without recording reasons (para 12). Following Balbir Singh, total non-compliance with sending the copy to the superior affects the prosecution, while any delay is a question of fact (paras 10, 15). The 2001 amendment allowing 72 hours to send the copy reflects a legislative relaxation, and non-compliance may not vitiate the trial if it causes no prejudice to the accused (para 15). With officers now receiving information by mobile phone on the move, the provisions should not be misused as "a major ground for acquittal" (para 16).

Legal Principle

Under Section 42 of the NDPS Act, information should normally be recorded and sent to the superior officer before search and seizure. In emergent situations it may be recorded after acting, as soon as practical. Total non-compliance is impermissible; delayed compliance with a satisfactory explanation is acceptable, and substantial compliance is a question of fact (para 17).

Precedents Relied Upon

  1. Explained Discussed at ¶ 1, 4, 11, 17

    A case of total non-compliance: the officer neither recorded the information nor informed his superior. It does not require literal compliance with Section 42.

  2. Explained Discussed at ¶ 1, 5, 11, 17

    Information received on patrol that called for immediate action need not be recorded before acting; it does not hold that Section 42 need not be complied with at all.

  3. Relied Upon Discussed at ¶ 10, 15

    Total non-compliance with sending the copy to the superior affects the prosecution case; whether delay was undue or explained is a question of fact.

View all precedents (4)
  1. Explained Discussed at ¶ 14

    Its strict reading of Section 50 has been diluted by sub-sections (5) and (6) inserted in 2001.

Cited on NyayVidhan

Judgments reported on NyayVidhan that cite this decision, from verified citation links.

  1. Rajasthan High Court 25 August 2026 Followed
  2. Supreme Court of India 12 August 2026 Applied
  3. Rajasthan High Court 15 July 2026 Relied Upon
  4. Supreme Court of India 22 September 2021 Relied Upon
  5. Supreme Court of India 16 April 2021 Followed
View all citing judgments (10)
  1. Supreme Court of India 2 September 2015 Applied
  2. Supreme Court of India 7 July 2011 Referred To
  3. Rajasthan High Court 24 February 2011 Distinguished
  4. Supreme Court of India 29 October 2010 Explained
  5. Supreme Court of India 6 April 2010 Applied
Join our WhatsApp Group
✕

Try: POCSO, IBC, Electoral Bond, Article 370, NDPS Act, Bail Conditions, SC Contempt