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2014 (3) TMI 1108 - SUPREME COURTAcquittal of respondent - non-compliance of Section 42(1) of the NDPS Act - destruction of opium (in the process of concealing opium in the well) - Held that: - if the officer had reason to believe that a search warrant or authorization cannot be obtained without affording opportunity for the concealment of evidence (which, in this case, would have resulted in destruction of evidence), as per proviso to Section 42(1) of the NDPS Act, he could have conducted the search of the well after recording grounds of his belief - Section 42(2) requires that grounds of belief so recorded have to be communicated to the immediate superior official within seventy-two hours - since in this case, there is total non-compliance of Section 42 of the NDPS Act, the High Court has rightly set aside the conviction of the respondent - appeal dismissed.
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