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TMI Blog1995 (1) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... r, while on patrolling duty in a jeep reached Anjuna Out-post at Village Vagator. After parking his jeep, he and the police party accompanying him except one Head-Constable alighted from the vehicle and reached the house bearing No. 591 at Small Vagalor. He noticed two persons sitting in the verandah of that house and as soon as they saw him and the police party, they hurriedly entered the house. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e instance of the said accused - Marc, an Italian National, further recovery was effected from the adjoining room where a shoulder bag was found containing charas weighing about 1.65 kg. From the said find also samples were taken and were later sent to the Public Analyst for examination. The rest of the charas was separately packed and sealed. The report of the Public Analyst was received in due c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that if a police officer, without prior information, makes a search and effect arrest of persons and if during such search he stumbles on a chance recovery of any narcotic drugs or psycho-tropic substance and if he happens to be a police officer who is not empowered under the Act to effect search and seizure, he should inform the empowered officer as required by the Act. If he himself happens to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent for the panchas and on their arrival drew up the panchnama. In the circumstances, from the stage he had reason to believe that the accused persons were in custody of narcotic drugs and sent for panchas, he was under an obligation to proceed further in the matter in accordance with the provisions of the Act. Under Section 42(1) proviso, if the search is carried out between sun set and sun rise, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after making arrest or seizure are mandatory in character. In that view of the matter, the learned Counsel for the State was not able to show for want of material on record, that the mandatory requirements pointed out above had been adhered to. The accused is, therefore, entitled to be acquitted. 4. In the result, we allow this appeal, set aside the order of conviction and sentence and acquit th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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