STATE OF MAHARASHTRA Vs. SUABAI NARHARI BABAR

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 15-5-2004 passed by Learned Additional Sessions Judge Cum - Special Judge for NDPS Act , Pandharpur, acquitting all the accused of offence punishable under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substance Act 1985 (NDPS Act ).

(2.) Apart from the failure of the prosecution on merits, the Trial Court has also observed that the prosecution has not complied with the mandatory provisions of Section 42 of the NDPS Act. Section 42 of the NDPS Act reads as under:

(3.) The Learned APP in all fairness stated that the findings of the Trial Court in Paragraphs 25 and 26 of the impugned judgment are correct. The Learned APP handed over to the court the judgment of the Apex Court in Dalel Singh Vs. State of Haryana1(2010) 1 SCC 149 in which, the court has quoted paragraph 12 of the judgment rendered by Constitution Bench of Apex Court in Karnail Singh Vs. State of Haryana22009 (10) SCALE 2552 , in which it is stated "........ total non- compliance of requirements of sub-sections (1) and (2) of Section 42 is impermissible, delayed compliance with satisfactory explanation about the delay will be acceptable compliance of Section." In this case, it is not even the prosecution's case that there was a compliance albeit a bit later. The court has correctly observed that there was total non compliance.