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Issues involved: Interpretation of compliance with Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Summary: The Supreme Court heard a case stemming from a search and seizure in 1987, which was adjourned multiple times awaiting a decision from the Constitution Bench. The issue revolved around the effect of non-compliance with Section 42 of the Act, specifically 42(2). The matter was referred to the Constitution Bench due to conflicting judgments on whether compliance with 42(2) was mandatory or substantial. The Constitution Bench clarified that total non-compliance adversely affects the prosecution case, but delayed compliance with a satisfactory explanation is acceptable. The enforcement of Section 42 is limited to sending a copy of the information to the superior officer. The Court emphasized that compliance with Section 42 is a question of fact in each case. In the present case, no information was recorded in writing or conveyed to the immediate police officer, leading to the dismissal of the State appeal. In conclusion, the judgment clarified the requirements of Section 42 of the Act, emphasizing the importance of compliance and the consequences of non-compliance in criminal proceedings.
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