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2016 (4) TMI 98 - HC - CustomsValidity of Sentence order - Contravention in relation to poppy straw - punishment rewarded under Section 15 of the Act - Appellant contended non-compliance of section 42 of the Act which is mandatory - Held that:- as per decision of Hon'ble Supreme Court in a case, registration of First Information Report by SHO and communicating the same to Superintendent of Police would not constitute compliance of the provisions of Section 42 of the Act. The finding given by the trial Court that the sending of `Ruqa' to Police Station and recording of FIR and then sending the special report to the senior officers amounts to compliance is against the law. In some of the circumstances the compliance of Section 42 can be made by the Investigating officer after conducting the raid, if there are chances of the accused to fled away etc. Therefore, the mandatory provisions of Section 42 of the Act have not been complied with. Therefore, the sentence order is set aside. - Decided in favour appellant
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