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2012 (12) TMI 982 - SC - CustomsSearch and seizure of contrabands without warrant – Trial Court convicted accused of offence punishable under Section 15 of NDPS Act, 1985 and awarded 10 years’ rigorous imprisonment with fine – Impugned order of conviction was challenged for non-compliance of section 42 – Held that:- PW1 deposed that upon receiving secret information, information was neither reduced to writing nor communicated to senior officer as required under Section 42 – No effort was made by PW1 to reduce information into writing and inform his higher authorities instantaneously or even after reasonable delay– On contrary PW 1 had more than sufficient time to comply with provisions – No documentary evidence available to show what Investigating Officer was doing for two hours and what prevented him from complying with provisions of Act – Impugned judgment of conviction set aside – Appeal allowed – Decided in favour of Appellant.
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