article of gyan

Is compliance with section 42 of NDPS required - whether compliance of section 42 NDPS act is necessary In this section I will describe whether it will be compulsory to follow Section 42 NDPS when the police arrests or searches for any person in whose possession any intoxicating substance is found to be illegal. The answer to this question will be obtained by the decision of the following suit - Sukhdev Singh vs State of Punjab The Hon'ble Supreme Court has recently ruled Sukhdev Singh's appeal against the judgment of the Punjab and Haryana High Court in the said suit that Section 42 has been acquitted for not complying with the police. Under section 42, the investigating officer has the right to search, seize and arrest drugs and arrests of any warrant or warrant. But there is also a provision in this section that if any officer gets secret information about the drug then he should immediately inform it to his superiors. Earlier there was a provision to send such information immediately. Parliament changed the law in 2001, so that the innocent could not be falsely implicated. According to this amendment, on receipt of information about a narcotic substance, a period of 72 hours has been prescribed to inform its superiors. That is, a provision has been made to inform senior officials within three days of the information. The Supreme Court has taken this step on non-compliance with the provision of informing its senior officials on behalf of the investigating officer on receipt of information about Charas, etc. and recording the information received in writing. Due to non-compliance of this section, the smuggling accused are acquitted in large numbers. The Supreme Court has been directed by the Supreme Court to follow the provisions of the NDPS Act in letter and spirit. The Supreme Court has asked the Directors General of Police of all the states to follow Section 42 of the said Act.