Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 42(1)–Scope of the provision–Powers envisaged u/s. 42(1) are ordinarily to be exercised between sunrise and sunset–If such search or seizure is undertaken between sunset and sunrise then, the arrest warrant or the authorization contemplated u/s. 41 is mandatory–However, the proviso to Sec. 42(1) Provides that where the officer concerned has reason to believe that a warrant or authorization cannot be obtained without affording an opportunity for the concealment of evidence or the escape of the offender, he may undertake the search at any time between sunset and sunrise after recording the grounds for such belief–Where the grounds of such belief have been recorded, a copy thereof shall be forwarded to the immediate superior officer within a period of 72 hours.
