TMI Blog2005 (10) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... skantha district. This was only a general information given by the D.I.G. to PW-2 and such information is not bound to be recorded as a source of information as contemplated u/s 42 of the NDPS Act. Here, PW-2 and the members of the patrol team were doing the usual patrol duty and they incidentally came across the tanker lorry in question and on search recovered the contraband substance from the vehicle. We do not think that there is any violation of Section 42 of the NDPS Act. We do not find any merit in the appeal and the same is liable to be dismissed. It is proved satisfactorily that the appellant who was the owner of the tanker lorry in question was found in possession of the narcotic substance weighing more than 5 kilograms. It is prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al before the High Court of Gujarat and by the impugned judgment the High Court dismissed the appeal. Aggrieved by the same, the present appeals are filed by the appellants. The facts of the case are that on 1.7.1989 PSI, L.U. Pandey, along with other police constables, was on patrol duty in the night of 1.7.1989 and at about 5.30 A.M., they noticed a tanker lorry bearing registration number GRS 6407 crossing the Palanpur railway crossing line. They signaled the vehicle to be stopped. The vehicle was stopped and they made a search of the lorry. The tanker lorry had three cabins. The police team wanted to conduct further search of the tanker lorry; therefore, they called two Panch witnesses and in their presence they opened the lid of the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted him that intoxicant materials were being transported illegally from the States of Rajasthan and Uttar Pradesh and the vehicles had been passing through Banaskantha district. This was only a general information given by the D.I.G. to PW-2 and such information is not bound to be recorded as a source of information as contemplated under Section 42 of the NDPS Act. Section 42 of the NDPS Act provides that a specific information alone need be recorded by the officer empowered to conduct a search. Here, PW-2 and the members of the patrol team were doing the usual patrol duty and they incidentally came across the tanker lorry in question and on search recovered the contraband substance from the vehicle. We do not think that there is any violat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for the appellant placed reliance on State of Punjab vs. Baldev Singh (1999) 6 SCC 172. That decision has no application to the facts of the present case and even according to the said decision, if at all there is any violation of Section 50, it will not vitiate the trial but would render the recovery of the illicit article suspect. In the present case no article was found on the person of the appellant but was recovered from the tanker lorry. Therefore, the recovery itself is not tainted with any procedural irregularity. 6. The counsel for the appellant also raised a contention that the seal on the sample sent to the forensic science laboratory was found tampered with and this creates a serious suspicion about the report furnished by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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