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TMI Blog2010 (8) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... of a search and seizure which took place on 3rd September, 1987. This appeal was also adjourned time and again since the year 1997 to await the decision of the Constitution Bench. This decision has come and is reported as Karnail Singh V. State of Haryana (2009) 8 SCC 539. The question posed was as to the effect of non-compliance with the provisions of Section 42 and in particular 42(2) of the Nar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as observed thus: 32. Under Section 42(2) as it stood prior to the amendment such empowered officer who takes down any information in writing or records the grounds under proviso to Section 42(1) should forthwith send a copy thereof to his immediate official superior. If there is total non-compliance with this provision the same would adversely affect the prosecution case and to that extent it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s or evidence being destroyed or removed, not recording in writing the information received, before initiating action, or non-sending a copy of such information to the official superior forthwith, may not be treated as violation of Section 42. But if the information was received when the police officer was in the police station with sufficient time to take action, and if the police officer fails t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as, however, forcefully argued that there was evidence in the oral evidence of P.W. 10, the investigating officer, that he had complied the formalities enjoined by Section 42(2). 4. It is not the case of the prosecution that sufficient time was not available to record the information in writing and send it to the superior officer and in the face of it, we are of the opinion that any oral eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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