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2017 (12) TMI 637 - HC - Indian LawsIllegal export of narcotic drugs and psychotropic substances in commercial quantities - extraction of contents in two hard disks and the report of an expert in Ex.P148 informing calculation details for each substance - Held that:- The evidence of PW-1 to the effect that immediately on receipt of Ex.P1 he decided about the house search, in our view, depicts the true state of affairs i.e., as a person authorised, he acted within his own powers u/s.42 of the Act but failed to comply with the requirements of Section 42(2) of the Act in reducing the information received by him into writing as also in recording the grounds of his belief that a search warrant or authorisation could not have been obtained by him without affording opportunity for concealment of evidence or facility for the escape of an offender, both of which are to be forwarded to the immediate official superior within 72 hours as required under section 42(2) of the Act. The genuineness of Ex.P1 itself is rendered highly doubtful since the same finds no mention in Ex.P33 - Section 57 report. PW-2 has spoken to his not knowing who made the endorsement even while confirming that the Zonal Director had signed the same and the Zonal Director himself has not been called as a witness. Finding that the mandatory provision u/s.42(2) of the Act stands not complied with and finding much more that is wrong with the prosecution case as indicated above, this Criminal Appeal is allowed. The judgment of learned Additional Sessions Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore is set aside. Appellants are acquitted of all charges. First appellant is directed to be released forthwith unless his detention is required in connection with any other case. Fine, if any, paid shall be refunded.
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