The Madras High Court acquitted the accused on the ground of non-compliance of Section 42(2) of the NDPS Act,1985. It is to be noted here that non-compliance of sec.42(2) alone can be the sole ground for acquittal.
Thangaraj v. The State represented by
The Inspector of Police,
NIB CID,
Criminal Appeal (MD)No.249 of 2008
Judgment Dated : 11/02/2015
CORAM : M.SATHYANARAYANAN,J.
Brief Facts of the Case :
The Police mounted survilliance and identified the accused - after due formalities, search was made and a bag containing 1.250 Kg. of Ganja was found.
The Police mounted survilliance and identified the accused - after due formalities, search was made and a bag containing 1.250 Kg. of Ganja was found.
ERRED MADE BY THE POLICE :
Under Section 42(2) NDPS Act 1985, 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 to record in writing the information received or fails to send a copy thereof, to the official superior, then it will be a suspicious circumstance being a clear violation of Section 42 of the Act.
Under Section 42(2) NDPS Act 1985, 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 to record in writing the information received or fails to send a copy thereof, to the official superior, then it will be a suspicious circumstance being a clear violation of Section 42 of the Act.
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