(2016) 4 MLJ (Crl) 214
State of Rajasthan vs. Jag Raj Singh @ Hansa
Date of Judgment :
29.06.2016
Narcotics – Seizure of Narcotics – Want of Warrant – Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 8, 15, 42(1), 42(2) and 43 – Along with other accused, Respondent/accused charged under Section 8/15 – After trial, both accused convicted under Section 8/15 – On appeal, High Court held that there was breach of mandatory provisions of Sections 42(1) and 42(2), Section 43 was not applicable and acquitted accused from charges under Section 8/15 – Present appeal filed by State against judgment of acquittal of accused – Whether High Court erred in acquitting accused – Whether there were sufficient materials to support findings of High Court regarding non-compliance of Sections 429(1) and 42(2) – Whether Section 43 applicable in present case – Held, Section 42(2) requires that where officer takes down information in writing under Section 42(1), he shall sent copy to his immediate senior officer – Communication/Exh.P-15 which was sent to Circle Officer was not as per information recorded in Exh.P 14 and Exh.P 24 – Scheme indicates that in event search to be made between sun set and sun rise, warrant necessary unless officer has reasons to believe that search warrant or authorization cannot be obtained without affording opportunity for escape of offender which grounds of his belief to be recorded – In present case, there is no case that ground for belief as contemplated by Section 42(1) or 42(2) recorded by Station House Officer who proceeded to carry on search – Jeep in question intercepted and seized by police, same cannot be public conveyance within meaning of Explanation to Section 43 – Section 43 was not attracted – Section 429(1) required to be complied with, but same were not done – Non-compliance of Sections 42(1) and 42(2) prejudiced accused – High Court rightly held that noncompliance of Sections 429(1) and 429(2) proved – High Court did not err in setting aside conviction – Appeal dismissed.