Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 42–Applicability–Officer received the direction to search the shop/residence–Appellant was said to run away before the police could enter the shop–As per prosecution, the recovery of contraband substance was made on road, yet the seizure officer had essentially set off for conducting search of shop–It was obligatory upon the seizure officer to comply the provisions of Sec. 42 and Sec. 94 Cr.P.C.–It is only a matter of chance that the appellant-accused realized that the police is approaching and hence, he ran away with the substance–Conscious and clear breach of provisions of Sec. 42–Conviction is liable to be quashed and set aside.
