Home Case Index All Cases Customs Customs + SC Customs - 2016 (3) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (3) TMI 1037 - SC - CustomsWhether the registration of the FIR, narrating the factual position as has already been described at the beginning of this order, as also, the communication of the first information report to the Superintendent of Police, Panipat would constitute an effective compliance of the provisions contained in Section 42 of the NDPS Act - Non-compliance of Section 42(1) of the NDPS Act contended by appellant - Possession of charas, opium and smack - Held that:- the mandate contained in Section 42(1) of the NDPS Act, requiring the recording in writing, the details pertaining to the receipt of secret information, as also, the communication of the same to the superior officer are separate and distinct from the procedure stipulated under the provisions of the Criminal Procedure Code. Sub-section 1 of Section 41 of the NDPS Act provides that a Metropolitan Magistrate or a Magistrate of the First Class or any Magistrate of Second Class specially empowered by the State Government may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under Chapter IV. The procedures under Section 41(1) and 42(2) ibid are separate and exclusive of one another. Compliance of one, would not infer the compliance of the other. In the circumstances contemplated under Section 42 of the NDPS Act the mandate of the procedure contemplated therein will have to be followed separately, in the manner interpreted by this Court in Karnail Singh v. State of Haryana [2009 (7) TMI 1144 - SUPREME COURT] and the same will not be assumed, merely because the Station House Officer concerned had registered a first information report, which was also dispatched to the Superintendent of Police, in compliance with the provisions of the Criminal Procedure Code. So, the submission of the respondent-State is not acceptable, that the registration of the first information report at the hands of the Station House Officer, Police Station Shahar, Panipat and its communication to the Superintendent of Police, Panipat would constitute sufficient compliance of the mandate of Section 42 of the NDPS Act. Therefore, Section 42 of the NDPS Act was not complied with at all. - Decided in favour of appellant
|