Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 483–Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 42 & 8/15, 29–Secret information was received at 5.00 AM–At the relevant time, the concerned SHO was not present at the place where the nakabandi was being undertaken–A Bare perusal of the seizure memo reveals that he had sufficient time to comply with the provisions of Sec. 42–Even after receiving the information and undertaking the entire proceedings during the period between senset and sunrise, no memorandum u/s. 42 was forwarded to the superior officers–Non-compliance with the provisions of Sec. 42 coupled with the gross delay in commencing the trial–It would be appropriate to grant bail.
